[Cash-For-Job Scam] Madras High Court Refuses To Discharge Minister Senthil Balaji, Orders Fresh Enquiry

Madras High Court has ordered a fresh enquiry into the cash-for-job scam, a case involving irregularities in the appointment in State Transport Corporation.Justice V Sivagnanam observed that there were irregularities in the investigation conducted by the investigating agency as the agency had failed to include certain crucial aspects.Going through all the papers before me, I am of the...

Delhi High Court Dismisses Plea Seeking Action Against Former Director Prosecution, Says Transfer Orders Won't Attract Criminal Consequences

The Delhi High Court has observed that the competent authority's decision to order transfers and postings of employees would not attract criminal consequences under the Indian Penal Code."The transfers and postings even if thought to be arbitrary by the Competent Authority would not attract criminal consequences under Sections 166, 405 or Section 409 of IPC. An arbitrary act may not...

Kerala High Court Monthly Digest: October 2022 [Citations 508-558]

Nominal Index [Citation 2022 LiveLaw (Ker) 508-558]Midland Rubber Produce Company ltd. V. Uthayasuriyan & Ors. 2022 LiveLaw (Ker) 508C.P. Pappachan v. State of Kerala & Anr. 2022 LiveLaw (Ker) 509Sheeba George v. State Election Commission & Ors. 2022 LiveLaw (Ker) 510Nishad Mathew v. State of Kerala & Anr. 2022 LiveLaw (Ker) 511The General Manager South Railway v. R....

S.138 NI Act | Director Cannot Be Prosecuted For Cheque Dishonour Without Arraying Company As Accused: Kerala High Court Reiterates

The Kerala High Court has reiterated that when a cheque issued by a company is dishonored, prosecution under Section 138 of the Negotiable Instruments Act against its Director shall not sustain if the company is not arrayed as an accused. Justice A. Badharudeen relying on the law laid down by the Apex Court, observed that prosecution against the director of the company merely for the reason...

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...