News Updates
JKL High Court Weekly RoundUp: February 6 - February 12, 2023
Nominal Index:Kumar Avinav Vs State of J&K. 2023 LiveLaw 14Rukhsana Jabeen Vs State of J&K 2023 LiveLaw (JKL) 15Farooq Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 16Sham Lal vs UT of J&K 2023 LiveLaw (JKL) 17Shahid Hameed Vs UT of J&K 2023 LiveLaw (JKL) 18Rahul Kumar & Ors Vs UT of J&K 2023 LiveLaw (JKL) 19P N Sharma Vs Union Of India & Ors 2023 LiveLaw (JKL)...
Partial Payment Of PF & Gratuity Dues Violative Of Section 30(2)(E) Of IBC: NCLAT Chennai Reiterates
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Mrs. C.G. Vijyalakshmi v Shri Kumar Rajan & Ors., has held that Provident Fund and Gratuity dues have to be paid in full to the workmen/employees till the CIRP commencement...
NCLT Ahmedabad Bench Re-Constituted W.E.F 15th FEBRUry 2023
The National Company Law Tribunal, Ahmedabad Bench, has been re-constituted vide a Circular dated 09.02.2023 issued by NCLT. Dr. Deepti Mukesh (Judicial Member) of NCLT Ahmedabad Bench (Court No. II) is demitting office on 14.02.2023 on completion of her tenure. Therefore, the Bench is being re-constituted to take up the matters listed before Dr. Deepti Mukesh (Judicial Member) and...
Weekly Digest Of IBC Cases: 6 February To 12 February 2023
NCLAT Assets Of Subsidiary Company Cannot Be Dealt With In CIRP Of Holding Company: NCLATDelhi Case Title: Greater Noida Industrial Development Authority (GNIDA) v Roma Unicon Designex Consortium Case No.: Company Appeal (AT) (Insolvency) No. 180 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan...
Tax Cases Weekly Round-Up: 5 February to 11 February 2023
Supreme Court Exemption Of Newspaper’s Income Utilised For Charity: Supreme Court Remands The Matter To AO Case Title: PCIT Versus Servant of People Society The Supreme Court has remanded the appeal in respect of the exemption of newspaper income used for charity. Delhi High Court Department Can’t Go Behind TRC Issued By The Other Tax Jurisdictions: Delhi...
Arbitration Cases Weekly Round-Up: 5 February To 11 February, 2023
Bombay High Court: SPA Which Gives Option To Resell Shares To Vendor, Not A ‘Forward Contract’: Bombay High Court Case Title: Percept Finserve Pvt Ltd & Anr. versus Edelweiss Financial Services Ltd The Bombay High Court has ruled that a Share Purchase Agreement (SPA), which gives an option to the purchaser to require the seller/vendor to repurchase the shares on...
Madras High Court Weekly Round-Up: February 5 to February 12, 2023
A weekly round-up of important cases from the Madras High Court. Citations: 2023 LiveLaw (Mad) 43 To 2023 LiveLaw (Mad) 49 NOMINAL INDEX Abbotsbury Owners' Association v. The Member Secretary, 2023 LiveLaw (Mad) 43 Dr Sri Hari Vignesh R v. State of Tamil Nadu and others, 2023 LiveLaw (Mad) 44 Dr. Jayakrishnan MP v. State of Tamil Nadu, 2023 LiveLaw (Mad) 45 R Rajesh...
Karnataka High Court Weekly Round-Up: February 6 To February 12, 2023
Nominal Index: CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR. 2023 LiveLaw (Kar) 41 Case Title: ABC And XYZ. 2023 LiveLaw (Kar) 42 Cheluvaraju And Information Commissioner, Central Information Commission & Others. 2023 LiveLaw (Kar) 43 Somanna & Others And Prakash. 2023 LiveLaw (Kar) 44 Hemanthkumar N And State of Karnataka & ANR. 2023 LiveLaw...
Sr AAG Tells JKL High Court There Was No Concealment, Apologises For Inadvertent Communication Gap
Senior Additional Advocate General AR Malik, who was recently asked by the Jammu and Kashmir and Ladakh High Court to explain his conduct in failing to disclose the real identity of a government official summoned by the court, has filed an affidavit explaining the circumstances and aplogising for any communication gap on his part.The High Court had reprimanded Malik for misleading the court...
Externment Order Cannot Be Recorded On The Basis Of A Crime In Which Accused Was Acquitted: Bombay High Court
The Bombay High Court recently held that subjective satisfaction for passing an externment order cannot be recorded on the basis of a crime in which the accused was acquitted.Justice G. A. Sanap sitting at Nagpur quashed an externment order observing –“The reliance upon the crimes in which the petitioner was acquitted would indicate that the inquiry was flawed. It needs to be emphasized...
NCDRC Upholds Rs. 10 Lakh Compensation To Diabetes Patient Whose Fingers Were Amputated After Hospital Tied Her To Bed Overnight
The National Consumer Disputes Redressal Commission on Friday upheld the order of Delhi State Commission awarding Rs. 10 Lakhs compensation to a diabetes patient whose fingers were amputated after the hospital tied her to a bed overnight. The Presiding Member of the Commissioner Dr. S.M. Kantikar passed the order noting that, "there was failure of duty of care from the ICU staff in the...
Specific Relief Act | ‘Readiness’ Does Not Imply ‘Willingness’ Under Section 16 (c) : Kerala High Court
The Kerala High Court has held that ‘readiness’ and ‘willingness’ under Section 16 (c) of the Specific Relief Act, 1963 are distinct and one does not imply the other. The court observed that while readiness refers to the capacity of the plaintiff to enforce a contract, willingness refers to the conduct of the plaintiff warranting performance. According to the court, specific...