News Updates
“Misconceived, Not Maintainable”: NCLAT Delhi Dismisses Appeal Filed By IBBI
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Insolvency & Bankruptcy Board of India v GTL Infrastructure Ltd. & Ors., has dismissed an appeal filed by the Insolvency and Bankruptcy Board of India...
‘Complete Breakdown Of Road Safety System’: Kerala High Court Directs Police To Take Action Against Offending Vehicles After Bus Hits Youth
The Kerala High Court on Friday directed the Deputy Commissioner of Police (Law and Order), Kochi City to ensure that all the measures and instructions that have been taken and issued by the police against offending vehicles be put into operation without any reservation. The court today took note of the rash and negligent driving by a private bus near P.V.M. Junction that lead to the death of...
Delhi High Court Grants Interim Protection To OREO, Restrains Parle From Using 'FAB!O'
While granting interim protection to 'OREO' in a suit filed by its owner Intercontinental Great Brands, the Delhi High Court has said that the brand names for biscuits and cookies, ending in 'IO' or 'EO' are rare in market and a customer of average intelligence is likely to presume an association between OREO cookies and Parle's 'FAB!O' biscuits.Justice C Hari Shankar said names ending in...
CBIC Issues Instructions For Import Of High Risk Food Products At Specific Ports
The Central Board of Indirect Taxes and Customs (CBIC) has issued instructions for the Import of High-risk food products at specific ports.On the basis of a reference from an FSSAI order dated October 17, 2022, with effect from February 1, 2023, attention is drawn to Board's Instruction No. 31/2022 dated November 14, 2022, regarding the restriction on the entry of Food Items only through...
NCLT Mumbai Benches Re-Constituted W.E.F 11th February 2023
The National Company Law Tribunal, Mumbai Bench, has been re-constituted vide a Circular dated 09.02.2023 issued by NCLT. Justice Pradeep Narhari Deshmukh (Judicial Member) of NCLT Mumbai Bench is demitting office on 10.02.2023 on completion of his tenure. Therefore, the Bench is being re-constituted to take up the matters listed before Justice Pradeep Narhari Deshmukh...
TDS Payments Do Not Amount To An Acknowledgement Of Debt: NCLT
The Mumbai Bench of the National Company Law Tribunal (NCLT) has ruled that TDS (tax deducted at source) payments do not amount to an acknowledgment of debt.The two-member bench of Justice P.N. Deshmukh (Judicial Member) and Shyam Babu Gautam (Technical Member) has relied on the decision of NCLAT in the case of P.M. Cold Store Pvt. Ltd. v. Goouksheer Farm Fresh Pvt. Ltd. & Anr., in which...
Karnataka HC Refuses To Quash Proceedings Against Lawyer Accused Of Making Defamatory Allegations Against Complainant In Written Statement
The Karnataka High Court has refused to quash a defamation complaint against an advocate, who is accused of filing a written statement with "objectionable statements against the complainant" before the Upalokayukta on behalf of his clients. The complainant is also a lawyer. Justice K Natarajan rejected the contention of the accused - Advocate Santhosh Kumar M, that there is...
Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court
The Kerala High Court on Monday held that an order of suspension under Section 32 of the Kerala Co-operative Societies Act, 1969 (hereinafter, 'the Act') is not dependent on the completion of the inquiry under Section 65 and the power can, for grave and compelling reasons, be exercised even when the inquiry is pending.The Single Judge Bench of Justice Gopinath P., in this case was considering...
Gauhati High Court Directs Trial Court To Conduct Fresh Hearing On Framing Of Charges In UAPA Case Against Akhil Gogoi, Others [Read Judgment]
The Gauhati High Court on Thursday set aside the order of NIA court, which had discharged Assam MLA Akhil Gogoi and three others in the UAPA case connected to the alleged incidents of violence during protests against Citizenship Amendment Bill (CAB) in 2019. The appeal was preferred by NIA against the judgment and order dated 01.07.2021 passed by the Special Judge, NIA, Assam, Guwahati...
Proof Of General Notification Promulgated By Public Servant Would Not Satisfy Requirement Of 'Knowledge' U/S 188 IPC: Madhya Pradesh High Court
The Madhya Pradesh High Court recently held that that a general notification promulgated by a public servant would not satisfy the prerequisite of 'knowledge' on the part of the accused for offence punishable under Section 188 IPC. The bench comprising Justice Rajendra Kumar Verma observed- As already seen, a person booked under Section 188 IPC must have actual knowledge of...
Consistency & Finality Of Judgements Paramount Over Correctness In Order To Ensure Judicial Discipline: Meghalaya High Court
The Meghalaya High Court on Thursday declined the impassioned plea on behalf of the Union Of India to at least observe that the judgment or the decision of November 29, 2021 which was being impugned in a Review petition before it, may not operate as a precedent. A Division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed, "Judicial discipline commands that...
Statements Made By Lawyers During Judicial Proceedings Conferred With ‘Absolute Privilege’, Can’t Be Put To Trial For Defamation: Delhi High Court
The Delhi High Court has said that statements made by a lawyer during judicial proceedings are conferred with an “absolute privilege” and no action for defamation, slander or libel can lie against them for advancing the submissions. Observing that such statements are “complete defence against any allegations of defamation”, Justice Mini Pushkarna said that justice system would...