BMC Officers Will Be Held Responsible If Any Untoward Incident Happens Due To Open Manholes In Mumbai: Bombay High Court

The Bombay High Court on Wednesday said that it will hold the BMC responsible if there is any untoward incident due to open manholes in Mumbai. The division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing a contempt petition filed by lawyer Ruju Thakker about the bad conditions of roads and open manholes across the city. Advocate Anil Sakhare for the...

Allahabad HC Grants Relief To Assistant Teachers Candidates Whose Recruitment Was Cancelled Due To Application Form Discrepancy

The Allahabad High Court on Monday granted relief to certain candidates who participated in the process of recruitment of 69000 Assistant Teachers in Primary Schools but their candidature was canceled by UP Goverment due to discrepancies/errors mentioned in the application form relating to "Shiksha Mitra".The bench of Justice Om Prakash Shukla observed that in case a candidate furnishes...

Customs Broker Is Not Required To Obtain Any "Recommendation" From Officer That The Exporter Is "Bonafide": CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the customs broker is not required to obtain any "recommendation" or a certificate from any officer that the exporter is "bonafide."The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that, as per the verification report, during...

Delhi Riots: Court Reserves Order On Umar Khalid's Plea Seeking Interim Bail In UAPA Case

A Delhi Court on Wednesday reserved its order on the plea moved by student activist Umar Khalid for interim bail for two weeks in the larger conspiracy case of 2020 Northeast Delhi riots. Khalid has sought the interim bail to attend his sister's marriage ceremony.Additional Sessions Judge Amitabh Rawat will pronounce the order on Monday. Senior Advocate Trideep Pais represented Khalid...

Mangaluru Court Directs Police Officers To Pay ₹5 Lakh For Falsely Implicating Man In POCSO Case, Asks State To Take Necessary Action

A special court in Mangaluru has directed two woman police sub-inspectors of the Mangaluru Women police station to pay Rs 5 lakh compensation to an accused for falsely implicating him in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. Additional District and Sessions Judge K M Radhakrishna, while acquitting the accused Naveen Sequeira, said,...

Objections Raised By Corporate Debtor To Oppose Section 9 Petition Not To Be A Moonshine Defence: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Krishna Hi-Tech Infrastructure Pvt. Ltd. v Bengal Shelter Housing Development Ltd., has held that the only question to be looked in Section 9 petition...

NCLT Mumbai Benches Re-Constituted W.E.F 7th December 2022

The Mumbai Benches of National Company Law Tribunal, have been re-constituted vide a Circular dated 06.12.2022 issued by NCLT. The re-constitution has been done in accordance with the Circular of Ministry of Corporate Affairs bearing A22012/6/2021-Ad IV MCA dated 02.12.2022, whereby the Government had notified appointment of new NCLT Members. The re-constitution is effective...

[Order XII Rule 6 CPC ] Tests For Exercise Of Judicial Discretion For Passing Judgment On Admissions: Calcutta High Court Reiterates

The Calcutta High Court on Monday reiterated the three essential tests for exercise of its discretion under Order XII Rule 6 of CPC for passing a judgment on the basis of admissions made. The Court summarised the three tests to be as: (i) satisfaction of judicial conscience; (ii) admission has to be clear, unequivocal, unconditional and ambiguous and (iii) admission has to be taken as...

"Specify Steps Taken To Expedite Probes, Trials": High Court Seeks Affidavits From Punjab, Haryana & Chandigarh DGPs

Observing that delay in the trial results in loss of not only the public time but the Court's time as well, the Punjab and Haryana High Court on Tuesday directed the DGPs of the State of Punjab, Haryana, and UT Chandigarh to file affidavits (within 4 weeks) indicating the steps taken by them with regard to the following:- To expedite the investigation process including the inclusion of...

Delhi High Court Directs Registry To Issue Practice Directions For Arraying Workman As First Respondent In Pleas Challenging Labour Court Orders

The Delhi High Court has directed its Registry to ensure that the petitioners array the workman as first respondent in the petitions assailing the order or award passed by labour courts or any other statutory authority, where the workman is a contesting respondent so that he or she is easily able to locate the writ petition in the cause list.The direction was issued by Justice Rekha Palli on...

Legal Proposition That Partnership Is Not Heritable Status And Depends On Contract Prevails Over Govt Circulars: Bombay High Court

The Bombay High Court recently held that the legal position, that partnership depends on contract and is not a matter of heritable status would prevail over government circulars. The court held, "the legal position is clear that partnership is not a matter of heritable status but purely depends on contract. Hence even though there are Government Circulars but the legal proposition...

P&H Bar Council Chairman Requests General Public To Avoid Addressing Him With 'Honourable', 'Hon'ble' Titles

The Chairman of the Bar Council of Punjab and Haryana, Suvir Sidhu has requested the general public to avoid using the words 'Honourable', 'Hon'ble', etc while addressing him in documents.Stressing that such honorific titles or salutations are remnants of the British Raj and must be shirked at all levels, a general notice issued in this regard by the State Bar Council (signed by its...