Non Issuance Of Completion Certificate Amounts To Pre Existing Dispute: NCLAT New Delhi

The National Company Law Appellate Tribunal bench comprising of Justice Ashok Bhushan, Justice M Satyanarayana Murthy and Mr. Barun Mitra while dismissing an appeal field by the Operational Creditor against the rejected of Section 9 petition held that the non-issuance of the completion certificate amounts to a pre existing dispute between the parties. It was contended on behalf of...

Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court

The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS). A single judge bench of Justice K Natarajan allowed the petition filed by accused Roshan Kumar Mishra and granted him bail on execution of a personal bond of Rs 2 lakhs, with two sureties of like...

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no doubt that...

Elected Municipal Councillors Move Punjab & Haryana High Court Over SDM's Failure To Administer Them Oath

Six elected Municipal Councillors (independent) from Alawalpur ward in Jalandhar have moved the Punjab and Haryana High Court against the Sub Divisional Magistrate, alleging that despite winning the municipal elections, the authority has not administered them oath for more than 1 year and 6 months.As per Section 24 of the Punjab Municipal Act, 1911, the elected members cannot hold office...

NSE Phone Tapping: Delhi Court Denies Bail To Former CEO Chitra Ramkrishna In Money Laundering Case

A Delhi Court on Monday denied bail to Former NSE CEO Chitra Ramkrishna in a money laundering case registered by the Enforcement Directorate in connection with an alleged illegal phone tapping case related to NSE employees.Special CBI Judge Sunena Sharma dismissed the bail plea today after it had reserved the order on August 25. A detailed order is awaited. As per the ED, senior officials of...

Delhi High Court Issues Notice On Plea Challenging Provision Requiring Centre's Approval For State Ministers' Foreign Visits

The Delhi High Court on Monday issued notice on a plea moved by city's Transport Minister Kailash Gahlot challenging the requirement for State Government Ministers to seek political clearances from the Centre for personal visits abroad. Justice Yashwant Varma sought response of the Lieutenant Governor of Delhi, Union of India through Cabinet Secretary, Ministry of External Affairs, Ministry...

Telangana HC Exempts Andhra Pradesh CM YS Jagan Reddy From Personal Appearance In Corruption Case Before CBI Court

In a relief to Andhra Pradesh Chief Minister YS Jagan Mohan Reddy, the Telangana High Court has exempted him from personal appearance before the Court in a series of corruption cases filed against him by the CBI in the year 2013.However, he has been directed to appear before the Court on such dates of the hearing where the CBI court decides that his presence is required in accordance...

IBC Cases Weekly Round-Up: 22nd August To 29th August 2022

NCLAT Once Dissolution Application Is Filed After Liquidation, Adjudicating Authority Has No Discretion :NCLAT Delhi Case Title: Sudhir Kumar Goel & Ors. v M/s Shashi Oils and Fats Pvt. Ltd. & Ors. Case No.: Company Appeal (AT) (Ins) No. 676 of 2021 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar (Judicial...

Company In Liquidation Cannot Always Avoid Proceedings U/S 138 NI Act, Its Conduct Can Be Weighed In: Bombay High Court

Observing that a winding up order due to settlement terms is not on the same pedestal as winding up order passed on merits, the Bombay High Court dismissed applications for quashing of complaints under section 138 of the Negotiable Instruments Act, 1881 (NI Act) against a company in liquidation. "If the submission on behalf of the applicants is readily acceded to, then M/s. Rangara...

Infraction Of Law Not Done In Systematic Manner May Not Be Sufficient For Preventive Detention: Gujarat High Court

The Gujarat High Court has held that commission of infraction of law, not done in an organized or systematic manner, may not be sufficient for the detaining authority to justifiably come to the conclusion that there is no alternate but to preventively detain an accused.The Bench comprising Justices SH Vora and Rajendra Sareen held:"No doubt, neither the possibility of launching of...

[Murder] Unnatural That Complainant Did Nothing To Save Deceased From Accused, Appears To Be False Case Due To Enmity: Gujarat HC Upholds Acquittal

The Gujarat High Court has upheld an order acquitting four persons accused in a Murder case on the ground that there are several material contradictions in the versions presented by the main witnesses and the weapon recovered did not have blood stains to establish the commission of the offence.A bench of Justices SH Vora and Rajendra Sareen further noted that all witnesses were related to...

Mere Possession Of Tehbazari Right Does Not Entitle Occupant To Usurp Govt Land, Raise 'Pucca' Construction: Delhi High Court

The Delhi High Court has observed that mere possession of a Tehbazari right does not entitle the occupant to usurp the Government land or to raise 'pucca' construction over it.Justice Gaurang Kanth was dealing with a plea filed by one Ved Prakash Manchanda seeking directions on the authorities to regularise his long and continuous occupation in his favour in respect of premises of a property...