Close Relative Of Arbitrator Must Be 'Controlling The Company' To Make Him Ineligible: Orissa High Court

The Orissa High Court has clarified that to make an arbitrator ineligible under Clause 9 of the Seventh Schedule read with Section 12(5), the Arbitration and Conciliation Act, 1996, the arbitrator must have a close family relationship with a party and in case of companies, he must have a close relation with the person(s) in the management who should be...

Delhi High Court Issues Contempt Notice To Registrar Listing For 'Demeaning' Authority Of Court

The Delhi High Court on Tuesday issued a show cause notice to its Registrar (Listing) asking the officer to explain why contempt proceedings be not initiated against him for failing to discharge his official duty and "outrightly demeaning the authority of court"."The Registrar (Listing) is accordingly directed to file his reply to Show Cause within four weeks from today," said Justice...

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences (POCSO) Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also...

Operational Creditor Cannot Change The 'Date Of Default' By Confining The Invoices To A Later Period: NCLT Mumbai Reiterates

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Ms. Anuradha Sanjay Bhatia (Technical Member), while adjudicating a petition filed in M/s Shri Sadguru Traders v M/s Gajalee Coastal Foods Pvt. Ltd., has reiterated that the Operational Creditor cannot change the 'date of default' by confining the invoices to a later...

COC's Decision For Liquidation Is Open To Judicial Review By NCLT And NCLAT: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Sreedhar Tripathy v Gujarat State Financial Corporation & Ors., has held that when the Committee of Creditors ("CoC") decides to liquidate...

[Agnipath Scheme] Agniveers Will Develop Sense Of Pride After Serving Nation, Have Financial Stability After Exiting Armed Forces: Centre To Delhi HC

Seeking dismissal of the petitions challenging its Agnipath recruitment scheme, the Centre has informed Delhi High Court that defending India's territory, which faces external and internal threats, requires an agile, youthful and technologically sound armed forces."The character of future wars/military engagement, in the opinion of military experts, is likely to be ambiguous, uncertain,...

AA Can Consider Any Application Arising Out Of Sale In Liquidation : NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in RMY Industries LLP v Apple Industries Pvt. Ltd., has held that the Adjudicating Authority is empowered to consider any application filed by...

First Committee On Wilful Defaulters Not Obligated To Mention Its Composition In Its Order: Telangana High Court

The High Court of Telangana Bench comprising of Justice K. Lakshman, while adjudicating a writ petition filed in the matter of Ms. Kanumuru Rama Devi v M/s REC Limited, has held that as per Clause 3(a) of the RBI Master Circular on Wilful Defaulters dated 01.07.2015, the First Committee is not obligated to disclose its formation and composition in its order. Further, the CGM (Law) can...

Early Rehabilitation Primary Focus Under Slums Act, Unconscionable Delay In Redevelopment Ground To Remove Developer: Bombay HC

A slum dweller's right to shelter under Article 21 cannot be nullified by unconscionable delays caused by a developer and is a ground for its removal under section 13(2) of the Slums Act, the Bombay High Court held. The court dismissed a writ petition filed by Yash Developers challenging its removal by the Apex Grievance Redressal Committee (AGRC) in a project wherein transit rents were...

NCLT Mumbai Approves Arcelormittal Promoted AM Mining's Resolution Plan For Uttam Galva Steels

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P. N. Deshmukh (Retd.) (Judicial Member) and Mr. Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in State Bank of India v Uttam Galva Steels Limited, has approved the resolution plan submitted by ArcelorMittal promoted AM Mining Pvt. Ltd. for Uttam Galva Steels...

"Convict's Wife, Children Dependent Upon Him": Allahabad HC Commutes Death Penalty To Life Term In Minor's Rape-Murder Case

The Allahabad High Court recently commuted the death penalty awarded to a rape and murder convict by the trial court to life imprisonment as it noted that the convict was of 20 years of age at the time of the commission of the crime in 2013 and now when he is around 29 year old, he has dependents in the form of wife and children."Convict/appellant was of 20 years of age at the time of...

S.54 TPA | Unregistered Sale Deed Cannot Defy Title By Delivery Of Possession Of Immovable Property Valued Below ₹100: Karnataka High Court

The Karnataka High Court has said that if there is alienation of immovable property, whose value is less than Rs.100 and possession is given, then a transfer under Section 54 of the Transfer of Property Act, takes place. A single judge bench of Justice Sachin Shankar Magadum sitting at Kalaburagi held the same while dismissing an appeal filed by one Gangappa, questioning the...