IBC Cases Weekly Round-Up: 21 November To 27 November 2022

NCLAT Tribunal Not To Enter Into Evidence And Record Findings Like A Civil Court: NCLAT Delhi Case Title: Avneet Goyal v Radha Kishan Gobind Ram Ltd. Case No.: Company Appeal (AT) (Insolvency) No.1388 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and...

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022

NOMINAL INDEX Irfan Ahmad v. State of U.P. and Another 2022 LiveLaw (AB) 497 X (Juvenile) v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 498 Awadh Bihari Verma v. State Of U.P.And 3 Others 2022 LiveLaw (AB) 499 Gazala Begum v. Mohd. Musarraf and others 2022 LiveLaw (AB) 500 Yatendra Kumar v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Public Works Deptt. Lko. And...

Madhya Pradesh High Court Affirms Family Court's Order Granting Motherless Minor's Custody To Father Over Maternal Grandparents

The Madhya Pradesh High Court recently affirmed an order of the family court granting the custody of a motherless minor child to his father over his maternal grandparents. With this, the HC dismissed an appeal preferred by the maternal grandparents against the family court's order.Testing the case on the anvil of the welfare of the minor and the comparative resources of the parties, the bench...

Arbitration Clause In An Agreement Can't Be Invoked For Another Agreement, Operating Independently: Bombay High Court

The Bombay High Court has ruled that mere reference to an Agreement containing an arbitration clause, in a subsequent Agreement, will not bring about a consequence envisaged under Section 7(5) of the Arbitration & Conciliation Act, 1996 (A&C Act), to the effect that the arbitration agreement would be incorporated into the subsequent Agreement. The Court added that...

Section 27 Of Evidence Act Is Attracted Even If Accused Isn't Arrested But Only Interrogated By Police: Allahabad High Court

The Allahabad High Court recently opined that even if the accused has not been arrested, if a dead body is discovered pursuant to the information elicited from the accused during police interrogation, the same would be admissible under Section 27 of the Evidence Act.The bench of Justice Arvind Kumar Mishra-I and Justice Mayank Kumar Jain observed thus while relying upon the Allahabad High...

Notice Under Section 148 Of Income Tax Act Against A Struck-Off Company Valid, In View Of Subsequent Order Of NCLT Restoring The Company: Delhi High Court

The Delhi High Court has ruled that the order passed by NCLT under Section 252(3) of the Companies Act, 2013, directing restoration of a struck off company, will have the effect of placing the company in the same position as if the name of the company had not been struck off from the register of companies. Thus, the Court held that the notice under Section 148 of the Income Tax Act,...

Tax Cases Weekly Round-Up: 20 November to 26 November 2022

Supreme CourtSupreme Court Declines To Grant Relief In Department's SLP Against Judgement On Countervailing Duty Case Title: Union of India versus Real Strips Ltd. The Supreme Court adjourned without issuing notice, the department's appeal against the Gujarat High Court's judgement in the case of countervailing duty (CVD). The bench of Justice Sanjeev Khanna, and Justice J...

Arbitration Cases Weekly Round-Up: 20 November To 26 November, 2022

Delhi High Court: Rights Under An Agreement Are Superseded By A Subsequent One? Arbitrator To Decide: Delhi High Court Case Title: PVR Limited versus Imperia Wishfield Private Limited The Delhi High Court has ruled that the arbitration clause relates to the resolution of disputes between the parties and not the performance of the contract and thus, the...

Allahabad High Court Restrains UP Govt From Engaging Anganwadi Workers In Any Other Work Including Election Duty

The Allahabad High Court has restrained the UP Government, block-level officers, and various other departments from passing any orders for the engagement of Anganwadi Workers in any other work/duty including election duty."...this Court is of the considered view that work which is being discharged by Anganwadi Workers is of considerable importance, looking into the fact that in one block there...

Refusal To Register As IP Due To Low Cibil Score And NI Act Proceedings, Gujarat High Court Sets Aside Order

The Gujarat High Court, Ahmedabad Bench, comprising of Justice Biren Vaishnav, while adjudicating a petition filed in Gundeep Singh Sood v Insolvency Professional Agency Of Institute Of Cost Accountants Of India, has set aside an order passed by IPA ICAI refusing registration to an applicant on the ground of low CIBIL Score and pending proceedings under Negotiable Instruments...

Tribunal Not To Enter Into Evidence And Record Findings Like A Civil Court: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Avneet Goyal v Radha Kishan Gobind Ram Ltd., has held that Tribunal does have not to enter into evidence and record findings like a...

Kerala High Court Weekly Round-Up: November 21 To November 27, 2022

Nominal Index [Citation: 2022 LiveLaw (Ker) 603-617]Mani C Kappen v. Sunny Joseph & Ors. 2022 LiveLaw(Ker) 603Kuriachan Chacko & Ors v. State of Kerala & Ors. and Joy John & Anr v. State of Kerala & Ors. 2022 LiveLaw (Ker) 604Suo Motu v. Baiju Kottarakkara 2022 LiveLaw (Ker) 605Suhadath K.K. v. Shihab K.B. & Anr. 2022 LiveLaw (Ker) 606Aswin Krishna Prasad v. State...