News Updates
IBC Cases Weekly Round-Up: 19 September To 25 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...
State's Obligation To Protect Citizens From Wild Animal Attacks, Any Injury Caused Is Govt's Failure: Bombay High Court
Stating that while it is the duty of the State government to protect wild animals and not allow them wander outside the restricted zone, the Bombay High Court Monday said it is also obligatory upon the state to protect the citizens from any injuries by the wild animals. "...it is the duty of the concerned officer of the State Government to protect wild animals and not allow them to wander...
Non-Delivery Of Signed Copy Cannot Save Limitation; Chhattisgarh High Court Affirms Section 34 Dismissal
The Chhattisgarh High Court has ruled that though the delivery of signed copy of the arbitral award to each of the parties to the arbitral proceedings is sine qua non, however, if the award debtor had already become aware of the award, enabling him to file an application to set aside the award, mere non-delivery of the signed copy cannot be said to cause any prejudice to him. The...
Mere Emails & Form 16A Not Sufficient To Establish Employer-Employee Relationship: Delhi High Court on Freelancing
The Delhi High Court has observed that there is no master-servant relationship in freelancing as the freelancer is his own master who has the ability to pick and choose his assignments, thereby enabling him to work for himself as well as multiple employers.Justice Dinesh Kumar Sharma added that a freelancer is a person who acts independently without being affiliated with or authorized by...
Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, "...the entire...
Shakespeare's Play Finds Mention As Karnataka HC Upholds Govt Order On Wind Energy Project
The Karnataka High Court has refused interference in petitions seeking to invalidate Government Order enhancing the capacity of its Wind Energy Project and allotting the same to one Ayana Limited.Justice Krishna S Dixit observed that so long as State acts fairly in matters of State Largesse without compromising public interest, its decision cannot be interfered with merely citing...
"No Centre's Approval, Project Is Nowhere, SIA Lapsed" : Kerala High Court Closes Writ Petitions Relating To K-Rail Silverline
The Kerala High Court on Monday has closed all the Writ Petitions filed in connection with the K-Rail Project for the time being, with full liberty to the petitioners to seek a rehearing when any further actions are taken by the Government of Kerala, either for the social impact assessment or acquisition of land.Justice Devan Ramachandran observed that since the SIA notifications issued...
Can't Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court
Observing that framing of charges in the 2018 Bhima Koregaon-Elgar Parishad caste violence case will get delayed, the Special Court last week rejected poet-accused Varavara Rao's application to undergo cataract treatment in Hyderabad.Special Judge Rajesh Katariya cited the recent SC judgement granting Rao bail in which it was said that a decision on framing of charges must be taken within...
'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony
The Bombay High Court on Monday directed a public interest litigant, who was seeking proper enforcement of POCSO Act, to approach the High Court Committee on POCSO matters, with his suggestions.The petition particularly sought directions to the Special Courts to ensure that the testimony of the minor victim is recorded within one month, as per Section 35(1) of the POCSO Act. The ad-hoc...
Mere Knowledge Of Victim's Caste Does Not Attract SC/ST Act Unless Offence Committed On Basis Of Caste Identity: Chhattisgarh HC Reiterates
The Chhattisgarh High Court has reiterated that merely because the accused knew the caste identity of the victim, the same cannot be made a basis for convicting him under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It added that the prosecution will have to lead separate evidence to show that the act of violence happened because of a caste based bias against...
Most People Possessing Exotic Species Are Animal Lovers, Cannot Direct Govt To Criminalize Non-Declaration: Tripura High Court
The petitioner had sought prosecution of those who haven't made declaration about possession of exotic animals and birds in accordance with an advisory issued by the Centre in June 2020
Half of Life Imprisonment Is 10 Years for POCSO Offences: Bombay High Court
The Bombay High Court sentenced a convict to one half of life imprisonment under the POCSO Act, who will have to undergo a sentence of 10-years.The court was seized with a query by the Superintendent of Kolhapur prison who sought interpretation of the High Court's 2018 order sentencing a convict to "one half life imprisonment" in a Protection of Children from Sexual Offences (POCSO) case....