Calcutta HC Summarises Law Governing Exercise Of Judicial Discretion For Grant Of Interlocutory Injunction Under Order 39 Rules 1 & 2 CPC

The Calcutta High Court on Friday summarised the tests and principles that govern the exercise of judicial discretion in respect of grant of interlocutory injunctions under Order 39 Rules 1 and 2 of CPC read with Section 151 thereof, during pendency of suit proceedings. It further clarified that at the stage of deciding an application for interlocutory injunction, Court is not required to go...

Delhi High Court Raps LNJP Hospital For Delaying Medical Examination Of Pregnant Woman, Seeks Report By 1 PM On MTP Request

The Delhi High Court on Monday rapped Lok Nayak Jai Prakash Narayan (LNJP) Hospital for delaying the medical examination of a 26-year-old married woman, who is seeking termination of pregnancy of 33 weeks as the foetus suffers from cerebral abnormalities.The court had last week directed LNJP's medical board to examine the woman and file a report by December 5. "Considering the gestational...

Prolonged Preliminary Enquiry Does Not Vitiate Criminal Proceedings Against Corruption Unless Accused Shows Prejudice Caused To Him: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that merely because preliminary enquiry has taken a long time to complete, the same cannot be said to have vitiated the criminal proceedings initiated in a corruption case, particularly when no prejudice has been caused to the accused by such act of the enquiry officer. The observations were made by Justice Sanjay...

Bombay High Court Weekly Round-Up: November 28 To December 4, 2022

Nominal Index [Citation 462 – 473] 1. JSW Steel Limited v. Bellary Oxygen Company Private Limited & Anr. 2022 LiveLaw (Bom) 462 2. Kiran Rajaram Powar v. Mumbai Cricket Association 2022 LiveLaw (Bom) 463 3. Monic Sunit Ujjain v. Sanchu M. Menon and Ors. 2022 LiveLaw (Bom) 464 4. Bhujanga s/o Sarangdhar Sarkate and Anr. v. State of Maharashtra and...

Kerala HC Directs All Family Courts To Release Amounts Deposited Towards Arrears Of Maintenance At The Earliest

The Kerala High Court on Thursday directed all Family Court judges to release the amount deposited towards arrears of maintenance under the orders of the High Court or otherwise, at the earliest. The Single Judge Bench of Justice A. Badharudeen's observed, "when arrears of maintenance being deposited before the Family Courts in obedience to the order/interim order or otherwise, Family Courts...

Bombay High Court Reduces Sentence Of Former Cop Convicted For Sexually Assaulting Teen Boy, Cites Good Behaviour In Jail

The Bombay High Court recently reduced the sentence of a former police constable convicted for sexually assaulting a minor boy on the basis of good behaviour. While dealing with an appeal against the conviction, Justice Sarang V. Kotwal observed that the appellant, as a convict and as an undertrial prisoner prior to that, had already been in jail for longer than the minimum sentence...

Revenue Earned By BBC For Distribution Of BBC News In India, Not Taxable As Royalty: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the distribution revenue earned by the assessee- BBC World Distribution Ltd., from distribution of BBC World News Channel in India, is not in the nature of royalty and thus, it is not taxable in India in the absence of a Permanent Establishment. The bench of G.S. Pannu (President) and Saktijit Dey (Judicial...

Kerala High Court Weekly Round-Up: November 28 To December 4, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 618-631]Muhammed Shanavas v. Radhakrishnan & Ors. 2022 LiveLaw (Ker) 618Hussain v. State of Kerala and another 2022 LiveLaw (Ker) 619Memana Baby v. State of Kerala 2022 LiveLaw (Ker) 620State of Kerala rep. by the Addl. Secretary to the Government v. The Chancellor 2022 LiveLaw (Ker) 621Nandakumar T.P v. Central Bureau of Investigation and...

Madras High Court Weekly Round-Up: November 28 - December 4, 2022

Citations: 2022 LiveLaw (Mad) 480 To 2022 LiveLaw (Mad) 494 NOMINAL INDEX G Deepa and another v The General Manager and others, 2022 LiveLaw (Mad) 480 Rajamani v The Inspector General of Police (South Zone) and others, 2022 LiveLaw (Mad) 481 KR Raja v State, 2022 Livelaw (Mad) 482 Suo Motu v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 483 V Annadurai v...

Section 9 Of The A&C Act Is A Provision In Aid Of The Arbitration, Applies To Foreign Seated Arbitration Also: Calcutta High Court Reiterates

The High Court of Calcutta has held that Section 9 of the A&C Act that provides for interim relief by the Court applies to foreign seated arbitration as well. The bench of Justice Shekhar B. Saraf held that Section 9 is a provision that is in aid of the arbitration proceedings in contrast to other provisions of Part-I that relates to the conduct of the arbitration proceedings and...

NCLAT Approves Sugar Farmers As Separate Creditors Group In The Sugar Industry Resolution Plan

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Excel Engineering & Ors. v Mr. Vivek Murlidhar Dabhade & Anr., has urged the Government and the IBBI to examine some minimum entitlement to Operational Creditors based on...

RP Cannot Pursue An Avoidance Application After Approval Of Resolution Plan By The AA: NCLT Mumbai

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Mr. Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in State Bank of India v Ushdev International Limited, has held that the Resolution Professional cannot carry the hat of the "Former Resolution Professional" and pursue an avoidance Application...