News Updates
Can't Issue Writ Of Habeas Corpus Against Person Residing Outside Indian Territory: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that it cannot issue a writ of habeas corpus against an individual residing outside the territory of India. The bench comprising Justices Vivek Rusia and A.N. Kesharwani noted that the petition was liable to be dismissed since the Petitioner was praying for something that was outside the scope of its power under Article 226 of...
A Party Cannot Be Made To Nominate Its Arbitrator From A Narrow Panel Of 4 Arbitrators Consisting Of Retired Officers Of The Other Party: Delhi High Court
The High Court of Delhi has held that a panel of arbitrator with only four names to choose from does not satisfy the concept of neutrality of arbitrators. It held that a narrow panel comprising of retired employees of a party creates a reasonable apprehension of bias and partiality. The bench of Justice Mini Pushkarna held that the contractor cannot be made to choose its...
Continuation Of RP Till Appointment Of Liquidator Doesn't Contravene IBC: 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 a petition filed in Brij Lal Ashok Kumar v Tara Chand Rice Mills Pvt. Ltd., has held that in absence of any order from the Adjudicating Authority appointing a liquidator, the Resolution...
Draft Law To Curb Menace Of Online Gambling Prepared, Matter Under Consideration: Rajasthan Govt Informs High Court
The Rajasthan Government has informed the High Court that it has drafted legislation to curb the menace of online gambling and betting and the matter is presently pending before the appropriate authority.The submission was made by the counsel for the state before the bench of the then Acting Chief Justice Manindra Mohan Shrivastava and Justice Vinod Kumar Bharwani which was dealing with a...
Arbitration Proceedings Against IRCTC; Delhi High Court Rejects Unilateral Appointment Of Arbitrator
The High Court of Delhi has held that the designation of Zonal Offices as the 'venue' of arbitration would not make it the 'seat' of arbitration when the meaningful dealings related to the contract happened at the Headquarters of a party. The bench of Justice Mini Pushkarna held that venue would not become the seat when the tender documents, the process of award of tender, licence...
Past Tax Liabilities That Are Not Part Of Resolution Plan Shall Stand Extinguished: NCLT Mumbai
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Subodh Kumar Agrawal v Taguda Pte. Limited, has held that all past liabilities arising out of any levies/tax dues to any government authorities, etc., which accrued during CIRP period and...
Change In Composition Of COC Will Not Affect Its Prior Decisions: NCLAT New Delhi
The National Company Law Appellate Tribunal bench comprising of Justice Anant Bijay Singh and Ms. Shreesha Merla held that the change in composition of the Committee of Creditors (COC) of the Corporate Debtor will not affect its previous decision and the same will be binding on the newly included members of the COC. Previously, NCLT New Delhi directed the DBS Bank to pay Rs. 10.20...
Bombay High Court Monthly Digest: October 2022 [Citations 368 – 421]
Nominal Index Citations 2022 LiveLaw (Bom) 368 to 2022 LiveLaw (Bom) 421 1. Shailesh Shah, Legal Heir of Late Shri Ramniklal Harilal Shah Versus The Income Tax Officer 2022 LiveLaw (Bom) 368 2. M/s. Pernod Ricard India Pvt Ltd v. Food Safety and Standards Authority of India 2022 LiveLaw (Bom) 369 3. Santosh s/o Ananada Mane @ Chhotu v. State of Maharashtra...
Increase In Salary Of Statutory Body's Office Bearers A Policy Decision, Courts Should Not Interfere Unless Manifestly Arbitrary: Delhi High Court
The Delhi High Court has observed that increase in salaries of office bearers of a Commission is a policy decision of the State and the courts should refrain from interfering with the same unless it is found to be manifestly arbitrary or unreasonable.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while dismissing an appeal filed by...
Monthly Digest Of IBC Cases: October 2022
Supreme CourtDiscretion Of NCLT Under Section 7(5) IBC - Observations In 'Vidarbha Industries' Made In Context Of Case: Supreme Court Refuses ReviewCase Title : Axis Bank Ltd versus Vidarbha Industries Power Ltd Case No.: 2022 LiveLaw (SC) 817, RP (Civil) 1043/2022 The Supreme Court Bench comprising of Justices Indira Banerjee and JK Maheshwari held that there is no ground to...
CBDT Notifies Krea University To Be Eligible For Income Tax Deduction
The Central Board of Direct Taxes (CBDT) has approved Krea University, Sricity, Chittoor under the category of "University, College or other institution' for research in "Social science or Statistical research" and allowed income tax deduction."In exercise of the powers conferred by clause (iii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (43 of 1961) read with Rules 5C and 5E...
Taking DNA Samples Of Rape Accused Does Not Violate His Constitutional Right Against Self-Incrimination: Kerala High Court
The Kerala High Court on Friday ruled that the protection guaranteed under Article 20(3) of the Constitution of India does not extend to protecting an accused from being compelled to give his blood sample during the investigation of a criminal case. Justice Kauser Edappagath said the privilege of Article 20(3) is applicable only to testimonial evidence and drawing DNA samples from the body of...