IBC Cases Weekly Round-Up: 31st October To 6th November 2022

NCLAT Change In Composition Of COC Will Not Affect Its Prior Decisions: NCLAT New Delhi Case Title: DBS Bank v. Rakesh Kumar Jain Case No.: CA (AT) (Ins) No. 540/2021 The National Company Law Appellate Tribunal bench comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member) has held that the change in composition of the Committee...

Ensure Tree Felling Orders Are Uploaded Within 48 Hours: Delhi High Court To Principal Chief Conservator of Forests

The Delhi High Court has directed the national capital's Principal Chief Conservator of Forests to ensure that the orders permitting the tree felling, under Delhi Preservation Of Trees Act, 1994, are uploaded within a period of 48 hours on the official website.Justice Najmi Waziri was dealing with a contempt plea arguing that the officials have not been following the directions issued by court...

Section 36 CrPC | Parallel Enquiry Not Maintainable During Pendency Of Investigation: Madhya Pradesh High Court

The Madhya Pradesh High Court, Gwalior Bench recently held that a parallel enquiry ordered under Section 36 CrPC is not maintainable during the pendency of the investigation. Declaring the enquiry report a nullity, Justice G.S. Ahluwalia directed the Investigating Officer not to consider the same for the purpose of investigation- Thus, it is clear that the parallel enquiry under...

Union Govt. Appoints Judicial & Technical Members For NCLT

The Government of India vide its notification dated 05.11.2022 approved the appointment of 9 judicial members and 6 technical members in the National Company Law Tribunal (NCLT). Judicial Members 1.T Krishna Valli, Retd. Judge, Madras High Court 2.Vikas Kumar Srivastav, Retd. Judge, Allahabad High Court 3.Kuldeep Kumar Kareer, Retd. District Judge 4.Vishesh Sharma, Retd....

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court

The Karnataka High Court recently refused bail to a man involved in a murder investigation, seeking release to attend his pregnant wife whose delivery date is soon due.A single judge bench of Justice Shivashankar Amarannavar sitting at Dharwad remarked,"Merely because the wife of appellant/accused No.29 is pregnant and her due date of delivery is 06.11.2022 as per medical records, is not...

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. A division bench of Justices Nitin Jamdar and Sharmila Deshmukh rejected the wife's claim that she was illiterate and a victim of wrong legal...

'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case

The Delhi High Court has granted bail to an accused in an NDPS case, observing that 'Khad' cannot be solely interpreted to mean drugs or contraband."The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. I have reasonable ground to believe that he is not guilty of the offence," said Justice Jasmeet Singh in the order dated October...

Karnataka High Court Suggests Manufacturers Should Fix GPS System In All Ambulances

The Karnataka High Court on Tuesday suggested the State government to issue directions to ambulance manufacturers operating in Karnataka, asking them to fix GPS systems in ambulances as a prerequisite. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi said, "We would also like to suggest to the state government to give directions to manufacturers...

Kerala University First Statutes Imposing Upper Age Limit For Professors Contrary To UGC Regulations, Can't Operate: High Court

The Kerala High Court recently held that when the UGC Regulations on Minimum Qualifications for appointment of Teachers in Universities and Colleges (UGC Regulations 2018) does not impose any upper age limit for the position of Professor, any stipulation in the Kerala University First Statutes 1977 cannot hold to the contrary. Justice Devan Ramachandran observed, "...when the "UGC...

Varanasi Court Defers Judgment On Maintainability Of Suit To Entrust Gyanvapi Premises' Possession To Lord Vishweshwara

A Varanasi Court today deferred Judgment on the maintainability of a title suit praying to hand over the possession of the Gyanvapi Mosque premises to Lord Vishweshwar Virajman (Swayambhu). The Fast Track Court of Civil judge (senior division) had reserved the judgment in the matter on October 27.Earlier, it was said that the Judgment would be pronounced today, i.e., on November 8, however,...

Economic Backwardness Or Social Stigma No Reason To Transgress Statutory Prohibition & Grant Permission For Termination Of Pregnancy: Kerala HC

The Kerala High Court on Monday observed that economic backwardness or the possibility of social stigma cannot be a ground for transgressing the statutory prohibition prescribed by the Medical Termination of Pregnancy Act and granting permission for medical termination of pregnancy. Justice V G Arun observed,In the absence of any medical reasons referable to the petitioner or the foetus,...

Kerala High Court Refuses To Stay Governor's Order Appointing Ciza Thomas As KTU's VC-in-charge

The Kerala High Court on Tuesday refused to stay Governor Arif Mohammed Khan's order appointing Ciza Thomas, the senior joint director of the directorate of technical education, as Vice Chancellor in-charge of the APJ Abdul Kalam Technological University (KTU).Justice Devan Ramachandran issued notice to Khan, who is chancellor of the university, and Thomas on the petition moved by the...