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....

Dept. Failed To Establish Element Of Tax Evasion :Madhya Pradesh High Court Quashes Penalty

The Madhya Pradesh High Court quashed the penalty for the expiry of e-way bill as the department failed to establish that there existed any element of evasion of tax, fraudulent intent or negligence on the part of the petitioner.The division bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has observed that the delay of almost 4:30 hours before which the E-way Bill...

Gujarat High Court Weekly Round Up: August 22 To August 28, 2022

NOMINAL INDEX Chandrikaben Hargovinddas Parmar W/O Jayprakash Nareshkumar Joshi v. Jaiprakash Nareshbhai Joshi 2022 LiveLaw (Guj) 341 Paavanbhai Jagdishbhai Panchal v. State Of Gujarat 2022 LiveLaw (Guj) 342 Century Tiles Through Director Ganpatbhai Dahyabhai Patel v. The Deputy Collector & 2 other(s) 2022 LiveLaw (Guj) 343 Ibrahim Ahmed Patel v. Vinodkumar Bhanabhai...

"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case

The Allahabad High Court last week upheld the conviction of a man under Section 304 of the IPC who was sentenced to three years rigorous imprisonment under Section 304 (II) of the IPC for committing culpable homicide not amounting to murder in the year 1981.Stressing that relationship is not a factor to affect credibility of a witnes, the bench of Justice Vikram D. Chauhan observed that...