Morbi Incident | Gujarat Court Refuses To Extend Police Remand Of 2 Oreva Managers, Sends 4 Accused To Judicial Custody

A Court in Gujarat's Morbi district on Saturday refused to extend the police remand of four accused, including 2 managers of the Oreva company in connection with the October 30 Morbi Bridge Collapse incident in which at least 140 people lost their lives. Earlier, on November 1, four accused were sent to 5-day police custody till November 5. Now, on Saturday, when the prosecution sought...

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC

The Calcutta High Court on Friday held that filing of written statement in commercial suits cannot be permitted beyond the prescribed time limit (of 120 days) merely because a demurrer application for rejection of plaint moved by the defendant is pending.While hearing one such application seeking extension of time to file written statement in a commercial suit, the High Court reiterated...

Forums Under Senior Citizens Act Not Required To Give Categorical Findings On Civil Rights: Delhi High Court

The Delhi High Court has said that forums created under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are "neither obliged nor placed under a duty" to render categorical findings with respect to the civil rights which are claimed by parties. "The primordial consideration of those proceedings is to safeguard the interest of the senior citizens and to ensure that they are...

J&K&L High Court Weekly Round-Up: October 31 To November 6, 2022

Nominal Index : Tanzeem Khursheed Zargar Vs J&K Special Tribunal & Ors 2022 LiveLaw (JKL) 201 M/s Swiss Garner Life Sciences & Ors Vs Union of India 2022 LiveLaw (JKL) 202 Tamanna Vs Khushmeela 2022 LiveLaw (JKL) 203 Mst Mugli Begum & Ors vs Financial Commissioner & Anr 2022 LiveLaw (JKL) 204 Shabir Ahmad Ganai Vs Ghulam Mohi Ud Din Wani 2022...

Delhi High Court Rejects Sci-Hub Founder's Application Seeking Withdrawal Of Admission Accepting Copyright Ownership Of Publishers

The Delhi High Court has rejected Alexandra Elbakyan's application seeking withdrawal of an earlier admission accepting the copyright ownership of publishing houses Elsevier, Wiley and American Chemical Society in an ongoing lawsuit.Elbakyan is the founder of the shadow library website Sci Hub and had made the admission in her written statement to the suit filed by major publishing...

Punjab & Haryana High Court To Decide Plea Challenging 90% Reservation For Men In Army Dental Corps

The Punjab and Haryana High Court last month issued notice on a plea challenging Indian Army's decision to reserve 90 percent vacancies in the Army Dental Corps for male candidates, listing the matter for further hearing in December. The petitioner, Satbir Kaur, moved the High Court submitting that 30 vacancies had been advertised for the post of Army Dental Corps by the Indian...

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Saturday reiterated that the "performance of an employee or an officer in an organisation is primarily a matter between the employee and the employer and falls within the meaning of personal information." The observations were made by a bench comprising Justices Tashi Rabstan and Sindhu Sharma on a plea filed by the...

Karnataka High Court Weekly Round-Up: October 31 - November 6, 2022

Nominal Index: [Citations 432 - 442] Farddin v. State and another. 2022 LiveLaw (Kar) 432 PRATHAP KUMAR.G v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 433 NATIONAL INSURANCE CO LTD v. ALWIN LOBO. 2022 LiveLaw (Kar) 434 SAFWAN v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 435 MOHAMMAD WASEEM AHAMAD & Others v. 1 STATE BY CHANDRA LAYOUT POLICE STATION. 2022 LiveLaw...

Statute 66 Of Calicut University Enables Incumbent In Lower Category To Claim Promotion Only To Immediate Next Higher Grade: Kerala HC

The Kerala High Court last week ruled that Statute 66 of Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 enables an incumbent in a lower category to claim promotion only to the immediate next grade.Allowing Kerala government's appeal against a single judge decision, the division bench of Justice P.B. Sureshkumar and Justice...

Interim Moratorium Under Section 96 Of Insolvency & Bankruptcy Code, 2016 Is Limited To Particular Guarantor And Will Not Protect The Other Personal Co-Guarantors Of Same Debt: Delhi High Court

The Delhi High Court recently while dealing with two summary suits filed by creditors of Bhushan Steel limited against the ex-promoters of Bhushan Steel namely Brij Bhushan Singhal and Neeraj Singhal for recovery of money held that the interim moratorium under section 96 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) is specific to all debts of a particular debtor and will not...

Madras High Court Weekly Round-Up: October 31 to November 6, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 448 To 2022 LiveLaw (Mad) 455 NOMINAL INDEX Commissioner of Income Tax v. M/s MAC Public Charitable Trust (batch), 2022 LiveLaw (Mad) 448 S Mukanchand Bothra (Died) and another v. The Chief Secretary and others, 2022 LiveLaw (Mad) 449 Senthil Balaji v...

When Corporate Debtor Does Not Create A Gratuity Fund, No Gratuity Is Payable: NCLT Chandigarh

The National Company Law Tribunal ("NCLT"), Chandigarh Bench, comprising of Shri Harnam Singh Thakur (Judicial Member) and Shri Subrata Kumar Dash (Technical Member), while adjudicating an application filed in Small Industries Development Bank of India (SIDBI)v International Mega Food Park Limited, has held that if the Corporate Debtor had not created a Gratuity Fund, then...