News Updates
Delhi HC To Hear Challenge Against Disqualification Of Directors Under Sec.164(2)(a) Of Companies Act
The Delhi High Court on Monday Cissued notice to Registrar of Companies as well as the Union of India to file counter-affidavits in a PIL challenging the validity of section 164(2)(a) of the Companies Act, 2013. There were around 2000 petitions that were filed before the court for the same prayer and the same were clubbed and heard in batches. The petitions were filed in consequence of...
Workmen Dues Of Pension, Gratuity, PF Not Included In Liquidation Assets : NCLAT Affirms NCLT View [Read Judgment]
The Appellate Tribunal confirmed that the dues should be paid to the workers directly, and would not fall under the waterfall mechanism of distribution of assets under section 53 of the IBC.
Consuming Alcohol In College : Madras HC Directs Expelled Students To Do Community Service For Continuing Course
The Madras High Court found a 'pragmatic solution' to deal with students who were expelled from a college for attending a lecture in a drunken state.The Court did not want to spoil their career for a mistake committed due to youthful indiscretion. At the same time, the Court wanted to send them a message. In a balancing act, the Court therefore directed them to do community service and...
Neither Union Nor State Has Power To Issue Guidelines To Govern Judicial Discretion Of Courts While Hearing Case Of Maintenance: Bombay HC [Read Judgment]
Bombay High Court has dismissed a petition filed by a man who challenged the constitutional validity of Section 125 of CrPC and held that neither the Union nor the State has any power to issue guidelines to govern judicial discretion of courts.Court was responding a prayer in the petition which sought guidelines to be issued by the Centre or State for awarding maintenance under...
PIL Seeking Abolition Of Differential Marriageable Age for Men And Women:Delhi HC Seeks Reply From Centre
Delhi High Court issues notice to the Union of India to file a counter affidavit in a PIL challenging the difference in age for marriage for men and women. The petition was filed by Ashwini Upadhyay to highlight how the differential marriageable age for men and women is patriarchal in nature, is devoid of any rational backing and it adversely affects educational opportunities for...
Delhi Court To Decide If Errant Builders Can Be Prosecuted Under MCOCA
As hundreds of home-buyers continue to reel under the failed or delayed real-estate projects, a Delhi court is to decide if errant real-estate developers can be prosecuted under the stringent Maharashtra Control of Organised Crime Act for cheating hundreds of home-buyers of thousands of crores of Rupees in an organised manner. The issue of whether MCOCA can be used against...
Justice For All Must Ensure That Justice Reaches The Remotest Corners Of The Country: CJI Gogoi At NALSA Meet
The 17th All India Meet of State Legal Services Authorities (SLSAs), under the aegis of National Legal Services Authority (NALSA), convened today at Nagpur. The conclave was attended by representatives from all 36 State Legal Service Authority and it facilitated the assimilation of ideas and best practices. It was put forth during the meet that NALSA had utilised all its funds in the past...
When A 'Wife' Challenged An Unusual HC Order Restricting Her Mobile Use [Read SC Order]
Matrimonial Disputes are not unusual, but some orders passed by Courts in the litigations connected to such disputes are. The Supreme Court bench comprising of Justice Sanjay Kishan Kaul and Justice KM Joseph came across a special leave petition which impugned one such 'unusual' order by the Jharkhand High Court in an Anticipatory Bail Application. Apprehending arrest in a criminal case...
High Courts Weekly Round-Up
Allahabad High Court Held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction.Taking note of the bleak chances...
Test Reports Showed Lead Content Is Within Permissible Limit: Kerala HC Closes PIL Seeking Ban Of Maggi Noodles [Read Judgment]
The Kerala High Court, last month, closed a Public Interest Litigation seeking ban of Maggi Noodles manufactured and sold by Nestle India Limited.One Thampi Subramanian had approached the High Court in the year 2015 alleging that Maggi Noodles contain Monosodium Glutamate and particles of lead in excess of permissible limits. When the matter was called for final hearing, Senior Advocate...