NCLT Hyderabad Recalls Order Initiating CIRP In View Of Concealment of Facts By Financial Creditor

The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula, (Judicial Member) and Mr. Satya Ranjan Prasad (Technical Member), while adjudicating an application filed in Canara Bank v Feno Plast Limited, has recalled its Order whereby CIRP was initiated against the Corporate Debtor, as the said Order was obtained by the...

Bombay High Court Questions Maharashtra Govt's Reservation For Orphans In Public Employment

The Bombay High Court on Thursday questioned a Maharashtra government resolution which provides reservation for orphan children in employment. "As far as reservation in educational institutions is concerned, okay. But how can a child be granted reservation in employment?" Chief Justice Dipankar Datta asked. The division bench of Justice Datta and Justice Abhay Ahuja was hearing a...

NCLAT Issues Notice In Appeal Filed By OYO Subject To Depositing 10% Of Penalty Amount

The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Kumar and Dr. Ashok Kumar Mishra issues notice in the appeal filed by Oravel Stays Ltd ("Oyo") against the order of Competition Commission of India wherein CCI imposed a penalty of INR 168.88 Crores on OYO. NCLAT only issued the notice on the appeal filed by OYO subject to the condition of...

Import Of New/Unused Jewellery For Remaking After Melting In An SEZ, Is Permissible; Bombay High Court Sets Aside Levy Of Customs Duty

The Bombay High Court has ruled that import of finished jewellery for the purpose of melting and remaking of fresh pieces of jewellery in a Special Economic Zone (SEZ), is an authorised operation. Therefore, the Court held that there is no prohibition on import of finished jewellery for remaking, without payment of Customs Duty, in terms of Rule 27(1) of the Special Economic Zones...

Rights Under An Agreement Are Superseded By A Subsequent One? Arbitrator To Decide: Delhi High Court

The Delhi High Court has ruled that the arbitration clause relates to the resolution of disputes between the parties and not the performance of the contract and thus, the arbitration agreement survives even if the contract comes to an end. The single bench of Justice Mini Pushkarna held that the issue whether the rights of parties under an agreement are superseded by...

Late Delivery Of Magazine? National Consumer Commission Directs Reader's Digest To Pay ₹ 1.5 Lakh To Subscriber

The National Consumer Disputes Redressal Commission has directed publishers of the iconic magazine Reader's Digest to pay a compensation of Rs 1,00,000 and the litigation cost of Rs 50,000 to a senior citizen from Ludhiana for late delivery of the periodical.The Commission has further directed the publishers of Reader's Digest, which it said has acquired considerable brand value for content...

Supreme Court Collegium Recommends 2 Additional Judges Of Chhattisgarh High Court To Be Made Permanent

The Supreme Court Collegium in its meeting held on 23rd November has approved the proposal for appointment of the following Additional Judges as Permanent Judges in the Chhattisgarh High Court:1. Justice Narendra Kumar Vyas;2. Justice Naresh Kumar Chandravanshi.Justice Vyas obtained his degree in Law from Pt. Ravishankar University, Raipur in the year 1995 and practiced in District and...

SC Collegium Recommends Elevation of 6 Judicial Officers and 2 Advocates as Judges Of Rajasthan High Court

The Supreme Court Collegium has approved the proposal for elevation of 6 Judicial Officers and 2 Advocates as Judges in the Rajasthan High Court.The approval was given in its meeting held on 23rd November, 2022.Judicial Officers:1. Shri Rajendra Prakash Soni, 2. Shri Ashok Kumar Jain, 3. Shri Yogendra Kumar Purohit, 4. Shri Bhuwan Goyal, 5. Shri Praveer Bhatnagar, and 6. Shri Ashutosh...

Bombay High Court Refuses To Grant Divorce To Artist Who Falsely Accused Wife Of Being HIV Positive

Observing that a man couldn't claim irretrievable breakdown of his marriage after falsely accusing his wife being an "HIV patient" and refusing to co-habit with her, the Bombay High Court refused to grant the man divorce. A division bench of Justices Nitin Jamdar and Sharmila Deshmukh dismissed an artist's appeal from 2011 against a Family Court order refusing divorce under Section...

Non-Reporting Of Child Sexual Abuse Is A Bailable Offence Under POCSO Act: Kerala High Court

The Kerala High Court on Thursday held that the offence punishable under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is a bailable offence. Section 21 makes the failure to report an offence under POCSO Act punishable with imprisonment upto six months or if the person is in charge of an institution or company, imprisonment can extend upto one year.Justice...

Ironic That State Promotes Alternate Dispute Resolution And Then Eats Into Judicial Time By Filing Frivolous Cases: Karnataka HC Gives "Last Warning"

The Karnataka High Court has issued a stern warning to the state government to desist from filing "all and sundry cases" which eat into valuable judicial time and lead to docket explosion. A division bench of Justices G. Narendar and PN Desai said, "We feel that time has come where this Court is required to send a message to the biggest litigant and that merely because it is the...

Karnataka HC Quashes Cheating Case Against Scania Vehicles, Calls It Travel Agency's Arm Twisting Tactic To Settle Its Dues

The Karnataka High Court earlier this month quashed a criminal case filed against commercial vehicles manufacturer Scania India, its Directors and Managers, alleging criminal breach of trust and cheating in sale of around 70 buses.The complaint was lodged by the proprietor of SRS Travels, a Bengaluru based travel agency. He claimed that the company sold him defective buses and he was...