News Updates
Delhi High Court Weekly Round Up: September 5 To September 11, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 839 TO 2022 LiveLaw (Del) 851SCOUTS AND GUIDES FOR ANIMALS AND BIRDS v. UNION OF INDIA & ORS. 2022 LiveLaw (Del) 839LEELA MATHUR v. MUNICIPAL CORPORATION OF DELHI & ANR 2022 LiveLaw (Del) 840Shivam Pandey v. GNCTD 2022 LiveLaw (Del) 841M/S VERVE HUMAN CARE LABORATORIES v. UNION OF INDIA & ORS. 2022 LiveLaw (Del) 842DR. L. PRAVEEN KUMAR...
NCLAT Delhi Sets Aside Order Of Liquidation; Grants Additional Opportunity For Inviting Resolution Plans
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Nikhil Tandon v Sanjeev Bindal & Ors., has set aside an order for liquidation of Corporate Debtor and has given one more opportunity to the Committee of Creditors and...
Erstwhile Resolution Professional Has No Right To Be Heard Before Being Replaced Under Section 27: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Sumat Kumar Gupta v Committee of Creditors of M/S Vallabh Textiles Company Ltd., has held that when the Committee of Creditors decides...
Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022
Supreme Court: Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court Case Title: Babanrao Rajaram Pund versus Samarth Builders & Developers Citation: 2022 LiveLaw (SC) 747 The Supreme Court observed that an arbitration clause has to be given effect even if it...
Issue Of CIRP Cost To Be Decided In COC MEETING, Not By Adjudicating Authority : NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Bharat Hotels Ltd. v Tapan Chakraborty, has held that question of item wise CIRP cost and its approval lays in the domain of the CoC and the latter may ratify, modify or set aside the...
Death In Revenue Lock-Up | Allahabad High Court Issues Notice To UP Govt On Plea Against 'Non-Serious' Magisterial Inquiry
The Allahabad High Court has issued a notice to the Uttar Pradesh Government on a writ plea moved by one Neeraj Dubey against the 'non-serious' Magisterial Inquiry into the custodial of his father in the revenue lock-up in May 2022.The bench of Justice Surya Prakash Kesarwan and Justice Saurabh Srivastava observed that the conduct of the respondents from the District level to the State...
Tax Cases Weekly Round-Up: 4 September To 10 September, 2022
Bombay High Court Bombay High Court Issues Notice On Plea Challenging CGST Rules Case Title – SAT Industries Limited v. Union of India & Anr. The Bombay High Court on Monday issued notice to Maharashtra government and central government in a petition challenging amendment to Central Goods and Service Tax Rules, 2017 (CGST Rules). "Petitioner is challenging both CGST as...
Allahabad High Court Grants Bail To Accused As Parents Of 8 Y/O Sexual Assault Victim Refuse To Get Her Medically Examined
The Allahabad High Court recently granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon a 8 year old girl as her parents refused to get her medically examined.The bench of Justice Sadhna Rani (Thakur) granted bail to accused Manoj Saxena taking into account the larger mandate of Article 21 of the Constitution of India...
Rape Convict Denied Parole On Apprehension That Being A Naxal He Might Abscond: Chhattisgarh High Court Grants Him Relief
The Chhattisgarh High Court granted relief to a rape convict who was denied parole on the apprehension expressed by the Incharge of Police Station that since the convict belongs to the Naxal affected area, there is a possibility of his absconding.The bench of Justice N. K. Chandravanshi observed that only because of the objection raised by the Incharge of Police Station, the same could not...
[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims
The Calcutta High Court recently issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor victim of sexual offences.The bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay issued the directions while rejecting a bail plea filed by POCSO accused as it noted that the trial Court had failed to act n accordance with the...
Orissa High Court Half-Yearly Digest: January-June 2022 [Citations 1-107]
Nominal Index: 1. Binod Bihari Sethy v. State of Odisha, 2022 LiveLaw (Ori) 12. Dara Singh @ Rabindra Kumar Pal v. State of Orissa, 2022 LiveLaw (Ori) 23. Chinmay Mohanty & Anr. v. Bar Council of India & Anr., 2022 LiveLaw (Ori) 34. Ashok Kumar Agarwala v. Registrar General of Orissa High Court & Ors., 2022 LiveLaw (Ori) 45. Surendra Kumar Sahoo v. State of Odisha, 2022...
Bombay High Court Directs State To Conduct Public Prosecutor Exam In Marathi Also
The Bombay High Court on Wednesday directed the state government to conduct the next exam for recruitment of public prosecutors in English as well as Marathi language.The direction would not be applicable for the upcoming exam to be conducted by MPSC on 11th September but for subsequent examinations.Justices S. V. Gangapurwala and R. N. Laddha were dealing with a writ petition praying that...