News Updates
NCLAT Principal Bench To Resume Physical Hearing From 1st August
The National Company Law Appellate Tribunal, New Delhi, has released a Standard Operating Procedure (SOP) dated 15.07.2022 for conduct of physical hearing before the NCLAT Principal Bench, New Delhi from 01.08.2022 onwards. The SOP has been released exclusively for the hearings before NCLAT Principal Bench, New Delhi and the decision to resume physical hearing has been taken in light...
Police Officer Cannot Summon A Person For Investigation From Outside Territorial Limits Of His Station Or Adjoining Station: Delhi High Court
The Delhi High Court has held that as per Section 160 CrPC, for the purposes of investigation, a police officer cannot summon a person situated outside the territorial limits of his police station or at most the territorial limits of his adjoining police station.The provision empowers Police officers to require attendance of witnesses.A single judge bench comprising of Justice Poonam A....
Breach Of Compulsory Service Bond: Madras High Court Orders Doctor To Either Serve For 2 Yrs Or Pay ₹50 Lakh As Damages
The Madras High Court recently directed a doctor, who was in violation of his compulsory service bond executed for a period of 10 years, to either serve a bond period of two years or pay an amount of Rs. 50 lakh in breach thereof. The court thus set aside the impugned order passed by the Dean of Tirunelveli Medical College wherein the college had called upon the young Doctor to pay a sum of Rs....
Scholarship Amount To Be Directly Remitted To College Management's Bank Account For Students With A Larger Family Income: Kerala High Court To Govt
The Kerala High Court recently asked the State to remit the Scholarship amount to the students with an Annual Family Income below Rs.2,50,000/- into their designated accounts and to ensure that this amount is paid by them into the accounts of the Colleges/Managements within a one week or so.Justice Devan Ramachandran also clarified that the amount shall be directly remitted to the account of...
Employee's Termination Without Departmental Inquiry Based On Incomplete & Non-Specific Show Cause Notice Violative Of S.25G Of ID Act: Gujarat HC
The Gujarat High Court has recently observed that in case of an incomplete show cause notice, to which the respondent workman had no occasion to file his response as expected by the employer, inquiry by issuing specific charge sheet is necessary.Justice AY Kogje thereby held that when the show cause notice /charge was not specific enough for the workman to respond, termination without...
498-A IPC Report Can't Be Used As Weapon To Teach Lesson To In-Laws To Settle Scores With Husband: Chhattisgarh HC
The Chhattisgarh High Court recently observed that the report u/s 498-A IPC cannot be used as a weapon to teach a lesson to the entire family of the husband to settle a matrimonial score with the husband.The bench of Justice Goutam Bhaduri and Justice Rajani Dubey observed thus while granting a decree of divorce to the husband after noting that there was an irretrievable break-down of...
Actor Assault Case: Dileep Files Objection Against Prosecution's Plea Seeking Extension Of Time To Complete Further Investigation
Actor Dileep has filed an objection before the Kerala High Court, against the plea moved by Crime Branch seeking more time to complete further investigation in the 2017 sexual assault case. The objection filed through Advocate Philip T. Varghese has alleged that the ongoing probe is a sham investigation designed to ensure that the judicial officer who recorded the evidence of the witnesses...
Omission In Framing Of Charge Not Fatal By Itself Unless Prejudice Caused To Accused: Madras High Court
The Madras High Court recently imposed a penalty upon a company for allotting shares in violation of the Securities and Exchange Board of India Act, 1992 and opined that though the charge was not separately framed under Section 24(2), the penalty was imposed by the authority keeping in mind the ingredients of the section. The bench of Justice Bharatha Chakravarthy thus...
Lakhimpur Kheri Violence: Allahabad High Court Reserves Judgment On Bail Plea Of Ashish Mishra
The Allahabad High Court on Friday reserved its judgment on the bail plea of the Union Minister's Son, Ashish Mishra, who is a prime accused in the Lakhimpur Kheri Violence case.Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they were mowed down by an SUV, in which Mishra was allegedly sitting.Having heard...
Allahabad High Court Raps UP Cops For Razing Residential House Sans Registration Of Execution Case, Seeks SP's Presence
The Allahabad High Court recently rapped Uttar Pradesh Police officials for providing assistance in demolishing a residential house without any execution case having been registered for the execution of the decree.Following this, the Bench of Justice Salil Kumar Rai sought the personal presence of the Superintendent of Police and the erring officials in the court on July 22, 2022, along...
Margin Of Error In Determining Age By Radiological/ Ossification Test Is Two Years On Either Side: Telangana High Court Overturns POCSO Conviction
Recently, the Telangana High Court overturned the POCSO conviction as the age of the victim girl could be above 18 years of age on applying the margin of error to the age determined by doctor on radiological/ossification examination. Brief Facts of the Case The appeal was filed questioning the conviction of appellant for the offences under Section 5(1) r/w Section 6 (punishment...
NCLT Mumbai Initiates Insolvency Proceedings Against Sahara Hospitality, Owner Of Hotel Sahara Star
The National Company Law Tribunal's (NCLT) Mumbai bench has initiated insolvency proceedings against Sahara Hospitality Limited, that owns Hotel Sahara Star, for an alleged default of around Rs 50 crore. Judicial Member Justice P.N. Deshmukh (retd) and Technical Member Shyam Babu Gautam admitted a Company Petition (CP) under Section 9 of the Insolvency & Bankruptcy Code,...