News Updates
Monthly Digest Of IBC Cases: September 2022
Supreme Court IBC - Approval Of A Resolution In Respect Of One Borrower Cannot Discharge A Co-Borrower: Supreme Court Case Title: Maitreya Doshi vs Anand Rathi Global Finance Ltd Case No.: 2022 LiveLaw (SC) 789, CA 6613 OF 2021 The Supreme Court Bench comprising of Justices Indira Banerjee and JK Maheshwari has held that approval of a resolution in respect of one borrower...
J&K&L High Court Monthly Digest: September 2022 (Citations 122 - 170)
Nominal Index:Citations 2022 LiveLaw (JKL) 122 TO 2022 LiveLaw (JKL) 170Rishi Sharma Director Haustus Biotech Vs Drug Inspector 2022 LiveLaw (JKL) 122 Union of India Vs M/S D. Khosla Co & Ors 2022 LiveLaw (JKL) 123 National Highway Authority of India Vs Ali Mohammad Dar & 2022 LiveLaw (JKL) 124 Waqar Ahmad Dar Vs UT of J&K 2022 LiveLaw (JKL) 125 M/S JK Stationers...
State Can't Claim Title To Land Belonging To Its Citizens By Taking Recourse To Adverse Possession Doctrine: Calcutta High Court
The Calcutta High Court on Friday observed that the State, professing to be a welfare state, cannot claim to have perfected its title over a piece of land by invoking the doctrine of adverse possession to grab the property of its own citizens.The bench of Justice Arijit Banerjee and Justice Rai Chattopadhyay further opined that it would be very odd if the State forcibly occupies the land of...
Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court
The Meghalaya High Court has held that an order framing charges under stringent provisions of UAPA cannot be challenged in appeal under Section 21 of the National Investigation Agency Act.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that the scheme of the NIA Act envisages speedy process of trial and finality of action. Thus, the appeal provision in Section 21 of...
'ED's Apprehension Not Filmsy': Delhi High Court Dismisses Satyendar Jain's Plea Against Transfer Of Proceedings In PMLA Case
The Delhi High Court on Saturday dismissed the plea moved by Aam Aadmi Party leader Satyendar Jain challenging the transfer of proceedings against him in a money laundering case from a Special Court to another judge recently.Justice Yogesh Khanna said that the apprehension of Enforcement Directorate (ED) was not flimsy or unreasonable."The apprehension raised were not at a belated stage, as...
Right To Privacy Entitles A Person To Carry Secrets To The Grave, Personal Space Includes Right To Be Forgotten: Calcutta High Court
Directing the police in Kolkata to immediately "withdraw" the WhatsApp messages and photographs - of a deceased woman with her friend, that were disclosed by it under the RTI Act, the Calcutta High Court has observed that right to privacy also includes the belief that a person should be allowed to carry their secrets to the grave.Commenting in context of the old chats of the woman - who died...
Reassessment Notice Issued Against A Dead Person Would Be Invalid: Bombay High Court
The Bombay High Court has held that a reassessment notice against a dead person would be invalid unless the legal representatives submit to the jurisdiction of the Assessing Officer without raising any objection.The division bench of Justice Dhiraj Singh Thakur and Justice Valmiki Sa Menezes has observed that where the legal representatives do not waive their right to a notice under Section...
Can Police Disclose WhatsApp Chats and Photos Collected During Investigation Under RTI Act? Calcutta High Court Says No
Passing an order against the RTI disclosure of private chats and pictures of a deceased woman and her friend, the Calcutta High Court has said that the providing of WhatsApp messages and photographs to the police during an investigation does not transform them "from private to non-private".Justice Moushumi Bhattacharya said the right to privacy also includes the right to be left alone or...
Orissa High Court Monthly Digest: September 2022 [Citations 130-145]
Nominal Index: Shakti Singh v. State of Odisha, 2022 LiveLaw (Ori) 130 Pramod Jena & Anr. v. State of Odisha & Ors., 2022 LiveLaw (Ori) 131 Ashok Kumar Gedi v. Jyotrimayee Behera & Ors., 2022 LiveLaw (Ori) 132 Ashis Kerketta & Anr. v. State of Odisha, 2022 LiveLaw (Ori) 133 Sanjit Kumar Mishra & Ors. v. Ranjit Mishra, 2022 LiveLaw (Ori) 134 Dara Singh...
Is Single Writ Appeal Against Two Separate Orders Of Writ Court Maintainable? Madhya Pradesh High Court Answers
The Madhya Pradesh High Court, Indore Bench recently upheld the maintainability of a writ appeal preferred against two separate orders passed by a Writ Court. Rejecting the contentions raised by the Respondents challenging the maintainability of the appeal, the division bench comprising Justices Subodh Abhyankar and S.K. Singh observed- This court is of the considered opinion that...
CBDT Extends Due Date For Filing Various Reports Of Audit For AY 2022-23 To October 7
The Central Board of Direct Taxes (CBDT)has extended the timeline for filing various reports of audit for Assessment Year 2022-23 under the Income Tax Act, 1961, for certain categories of assessees. The CBDT, vide Circular No. 19/2022, dated 30.09.2022, has extended the due date from 30th September, 2022 to 7th October, 2022. "On consideration of difficulties faced by the...
Bombay High Court Orders Demolition Of Illegal Portions Of Former BJP MLA Narendra Mehta's Hotel
The Bombay High Court on Thursday ordered demolition of substantial portions of former BJP MLA Narendra Mehta's Seven Eleven Hotel in Mira Road. The division bench of Chief Justice Dipankar Datta and Justice MS Karnik allowed the PIL filed by one Faiyyaz Mullahji and directed all construction beyond 0.2 FSI to be demolished by Mehta within two months. Mullahji represented by...