News Updates
How Does An Unaided Private Educational Institution Come Within Ambit Of Article 226 Of Constitution? Madhya Pradesh High Court Explains
The Madhya Pradesh High Court, Gwalior Bench recently issued a writ of mandamus under Article 226 of the Constitution of India, thereby directing an unaided private educational institution to clear the dues it owed to one of its ex-employees. The bench comprising of Justice M.R. Phadke observed that the Institution was parting education, which involves the element of public law,...
Delhi High Court Sets Aside Arbitral Award Requiring ISRO's Commercial Arm 'Antrix' To Pay Over 560 Million USD To Devas Multimedia
The Delhi High Court has set aside a 2015 arbitral award directing Antrix Corporation Limited, commercial and marketing arm of ISRO, to pay US$ 562.2 million to Devas Multimedia Private Limited over wrongful repudiation of contract.Justice Sanjeev Sachdeva held that the arbitral award dated September 14, 2015 suffered from patent illegalities and fraud and was also in conflict with the...
Court In Area Where Minor Ordinarily Resides Has Jurisdiction In Guardianship Case, Citizenship Of Child/ Parents Has No Bearing: Kerala High Court
The Kerala High Court recently held that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".A Division Bench consisting of Justice A Muhamed Mustaque and Justice Sophy Thomas observed that citizenship or domicile of the father of a child, or the fact that rightly or wrongly...
CBIC Notifies Simplification Of Procedure For Compounding Offences Under Customs Act
The Central Board of Indirect Taxes and Customs (CBIC) has notified the simplification of the procedure for compounding offences under the Customs Act.The Central Government has made changes to the Customs (Compounding of Offences) Rules, 2005. As per the amendment, the satisfaction of compounding authorities has been limited only to verifying and being satisfied that the full and...
Once Bidder Accepts Corporate Debtor In Slump Sale, Can't Request For Conversion Of Sale Into Sale As A Going Concern: NCLT Ahmedabad
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 State Bank of India & Anr. v Shirpur Power Pvt. Ltd., has held that once a successful bidder has accepted and purchased the Corporate Debtor in slump sale under IBC,...
Exporter Can't Be Deprived Of MEIS Benefits Due To Technical Error In Electronic System: Madras High Court
The Madras High Court has held that due to technical error or lacunae in the electronic system, the petitioner/exporter cannot be deprived of its benefit/incentive under the Merchandise Export from India Scheme (MEIS).The single bench of Justice Abdul Quddhose has directed the department to consider the petitioner's representation seeking to get the benefit under the MEIS for the...
Kerala High Court Questions Actor Mohanlal's Locus Standi To Challenge Magistrate's Refusal To Allow Withdrawal Of Ivory Case
The Kerala High Court on Monday, before posting the case for hearing again after the Court vacation, observed that the petitioner in this case, actor Mohanlal, had no locus standi before the Court. Justice Mary Joseph, observed that under under the CrPC, no such power for withdrawal of proceedings had been granted to the accused. "If the State appears, and had filed the application, the...
Entity Issuing A 'Letter Of Comfort' Is Not A Corporate Debtor Or Guarantor Within Framework Of Law: NCLT Delhi
The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri P.S.N. Prasad (Judicial Member) and Shri Rahul Bhatnagar (Technical Member), while adjudicating a petition filed in M/s. Shapoorji Pallonji and Company Pvt. Ltd. v M/s. ASF Insignia SEZ Pvt. Ltd., has held that an entity that issues a 'Letter of Comfort' to a party, cannot be treated as Corporate Debtor...
Transfer Orders Cannot Be Passed In Absence Of Vacancy, Must Show Place Of New Posting: Karnataka High Court
The Karnataka High Court has directed the State government to ensure that if transfers are made after the period of general transfers, no request for transfers should be entertained or orders made unless there is a vacant place. A single judge bench of Justice S Sunil Dutt Yadav allowed a petition filed by one Murthy and set aside the order of transfer dated 23.12.2021 issued to him....
Loan Converted Into Equity - NCLT Procedure Being In Summery In Nature, Can't Initiate CIRP; NCLT Kolkata
The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri Balraj Joshi (Technical Member), while adjudicating a petition filed in Anup Jhunjhunwala v ADEA Powerquips Private Limited, has declined to initiate insolvency proceedings with respect to a debt disbursed by Director of the Corporate Debtor, as the loan was...
Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court
The Kerala High Court has made it clear that the shareholder of a company cannot be made an independent party in a dispute between the company and its workmen.The observation was made in connection with a dispute between Rubber Wood India Pvt Ltd and its workmen, whereby the Rubber Board, being a shareholder of the company, was arrayed as a party Respondent by the workmen.The Court held that...
Vizhinjam Port: Kerala High Court Asks Whether Protesting Fishermen Can Halt Construction Work
The Kerala High Court on Monday questioned if the fishermen, protesting against construction of Vizhinjam International Seaport by the Adani group, can halt a Project which had all the requisite permissions.While considering the petitions filed by M/S Adani Vizhinjam Port Pvt Ltd and its contracting company Howe Engineering Projects, seeking protection for their employees and property,...