News Updates
'They Are Ordinary People, Not Criminals': High Court Asks Govt To Look Into Cases Registered Against K-Rail Silverline Protesters
The Kerala High Court on Monday directed the Government to look into the criminal cases registered against the citizens who opposed laying of survey stones for the K-Rail Project. Justice Devan Ramachandran observed that even the Government has realised that a project of this nature cannot be executed without the support and help of the citizenry as a whole which is evident from their...
Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence.In the event that these provisions are wrongly invoked such that they would adversely...
Can't Deny Occupancy Certificate For Constructions Granted Building Permit Prior To S.27A Kerala Conservation Of Paddy & Wet Land Act: High Court
The Kerala High Court recently, while disposing of two Writ Petitions, held that an Occupancy Certificate cannot be denied on the ground that the land where the building is constructed is a paddy land or wetland in respect of a building which was constructed as per a valid building permit issued prior to the coming into force of the amended provisions of the Kerala Conservation of Paddy Land...
Implicitly Admitted Liability Does Not Prevent Reference Of Dispute To Arbitration If Arbitration Agreement Exists: Bombay High Court
Observing that a judicial authority must make a reference to arbitration if even a semblance of dispute exists between two parties who have an arbitration agreement, the Bombay High Court has held that impliedly admitted liability cannot prevent reference of dispute to arbitration. "…if the liability is impliedly admitted, the Arbitrator can be said to be equally empowered to...
Lessee Mining Company Liable To Pay 'Dead Rent' When Unable To Extract Mineral For Non-Availability Of Clearances: Andhra Pradesh High Court
Andhra Pradesh High Court dismissed a writ petition filed by Mangalore Minerals Private Limited for a declaration that the action of the State Government in insisting for payment of dead rent for the period 2013-20, even though the quarry was not in operation for want of environmental clearance, as violative of Articles 14, 19 and 300A of the Constitution of India. The Court...
NCLT Ahmedabad Rejects Resolution Plan Selectively Favoured Creditors
The National Company Law Tribunal ("NCLT"), Ahmedabad Bench, comprising of Shri Madan B Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating a petition filed in M/s. Sansar Texturisers Pvt. Ltd. v M/s. Polycoat India Pvt. Ltd., has declined to approve the Resolution Plan of the Successful Resolution Applicant that breached...
No Ambiguity Permitted In Framing Of Questions, One Clear Answer Should Be The Norm: Gujarat HC Grants Interim Relief To Examinees
The Gujarat High Court, while admitting that Courts must exercise restraint in matters involving correctness of answer keys, has concluded that in the event of ambiguity in questions/ multiple correct answers in a time-bound examination, the Court can interfere and provide relief. "These petitioners apparently prima-facie appear to be the victims of framing of questions which appeared to...
Creditor Entitled To Claim From Successful Resolution If It's Suit Is Decreed: NCLAT Delhi
The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Ashok Bhushan (Chairperson), Justice N Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating in an appeal filed in Goltens India Pvt. Ltd. v Sudip Bhattacharya, has upheld the Adjudicating Authority's order to earmark Rs. 1 towards a contingent claim arising out of...
Resolution Plan Can't Be Remanded Back To COC Over Hyper-Technical Grounds: 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 Piya Puri & Ors. v Mr. Debhashish Nanda & Ors., has held that remanding a resolution plan back to Committee of Creditors on...
Status Of Debtor, Attained Finality, Can't Be Altered Based On A Subsequent Judgment: 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 Raghavendra G. Kundangar & Ors. v Shashi Agarwal & Anr., applied the Doctrine of Prospective Overruling while observing that...
Allahabad High Court Grants Bail To Slain Gangster Vikas Dubey's Brother In Cheating Case
The Allahabad High Court has granted bail to the slain gangster Vikas Dubey's brother Deepak Dubey in connection with a cheating case. The allegation against Dubey is that he was found using a sim card registered in someone else's name with the intention to commit crime.However, keeping in view the nature of the offence, the argument advanced on behalf of the parties, evidence on record...
Section 7 Petition To Be Kept In Abeyance For 6 Months, Hoping Settlement: NCLT Indore
The National Company Law Tribunal ("NCLT"), Indore Bench, comprising of Shri Madan B Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating a petition filed in State Bank of India v Krishidhan Seeds Pvt Ltd., has kept a Section 7 petition filed under IBC in abeyance for 6 months despite the all essentials for initiating CIRP being fulfilled....