NHAI Can't Be Directed To Construct Highways Through Populated Areas: Rajasthan HC Dismisses 'Motivated' PIL By Gram Panchayat

The Rajasthan High Court has dismissed a public interest litigation seeking direction to the National Highway Authority of India to not construct a by-pass on the highways. The PIL filed by the Gram Panchayat of a village close to NH 325 also sought direction to the NHAI to construct the highway through the populated area of the village so that the development of the village can take...

Allahabad HC Issues Contempt Notice To State Secy Over Failure To Decide On Inclusion Of Rajbhar Community In ST List

The Allahabad High Court has issued a contempt notice to the Principal Secretary, Social Welfare Department for his failure to take a decision on the representations moved before the state government seeking inclusion of Rajbhar caste in the list of Scheduled Tribes. The notice has been issued in connection with an order of the High Court dated March 11, 2022, wherein the department was...

[Muslim Law] Minor Girl Can Marry Without Parents' Consent On Attaining Puberty, Has Right To Live With Husband Even When Below 18 Yrs: Delhi HC

The Delhi High Court has observed that as per Mohammedan Law, a minor girl who had attained the age of puberty can marry without consent of her parents and has a right to reside with her husband even when she is less than 18 years of age. Justice Jasmeet Singh made the observation while granting protection to a muslim couple who got married in March this year as per Muslim rites and rituals....

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court

The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. vs. Patricia Jean Mahajan & Ors. [(2002) 6 SCC 281] where it...

Sea Link Toll Collection: Bombay HC Deprecates Trend Of Ineligible Bidders Approaching Court, Upholds Disqualification Of MEP Infra

The Bombay High Court recently observed that it has become a trend for 'ineligible' bidders of contracts to try and arouse the court's conscience claiming their bids were more financially viable for the State. However, such financial bids shouldn't even be considered and must be rejected outright if the company doesn't meet the technical criteria for the contract. "Drawing from...

Preponderance Of Probability & Not Strict Principles Of Proof Like In Criminal Case Applicable In Motor Accident Claims: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the strict principles of proof in a criminal case will not be applicable in a claim for compensation under the Motor Vehicles Act and that standard to be followed in motor accident claims is one of preponderance of probability rather than one of proof beyond reasonable doubt. A bench of Justice Vinod Chaterjee Koul...

Insolvency Plea Against Kishore Biyani Led Future Enterprises Ltd., NCLT Mumbai Issues Notice

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating a petition filed in Foresight Innovations Pvt. Ltd. v Future Enterprises Ltd., has issued notice to Future Enterprises Ltd. in a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC")...

Mobilization Advance Is An Operational Debt: 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 Athena Demwe Power Ltd. v Abir Infrastructure Private Limited & Ors., has held that a mobilization advance given for mobilization...

Interest Levied On Arrears Or Late Payment Of Customs Duty Allowable On Actual Payment Basis: ITAT

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that customs duty is allowable only on a payment basis under section 43B of the Income Tax Act. The interest levied on arrears or late payment of customs duty is also allowable on an actual payment basis under section 43B. The two-member bench of George George K (Judicial Member) and Laxmi Prasad Sahu...

IBC Cases Weekly Round-Up: 15 August To 21 August 2022

NCLAT Banker's Certificate Not Mandatorily Required To Trigger CIRP Under Section 9 Of IBC: NCLAT Delhi Case Title: M/s Quippo Infrastructure Limited v M.R. Nirman Private Limited Case No.: Company Appeal (AT) (Insolvency) No. 1516 of 2019. The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and...

Time Barred Appeal Against Decree Does Not Amount Pre -Existing Dispute Under Insolvency And Bankruptcy Code, 2016: NCLAT

The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Kumar and Dr. Alok Srivastava held that a time barred appeal against the decree filed after the issuance of demand notice under Section 8 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) will not amount to a pre-existing dispute. NCLT, Kolkata dismissed the application filed by the...

Municipalities Can't Engage Manual Scavengers Through Private Contractors, Commissioners To Be Held Responsible: Madras High Court

While hearing a petition seeking to put an end to the practice of manual scavenging, the Madras High Court on Monday held that if any municipality was seen to engage in the practice of manual scavenging, even through private contractors, the Commissioner of the said municipality shall be made liable for the same. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala...