News Updates
IBC | Operational Creditor's Failure To File Its Claim Before Approval Of Resolution Plan Extinguishes Such Claim: Gujarat High Court
The Gujarat High Court recently upheld the argument made by an insolvent company having undergone Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016, that failure of an Operational Creditor to file its claim with the Resolution Professional during the insolvency resolution process or to challenge the Resolution plan before NCLT/NCLAT, extinguishes its...
Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told
The Delhi High Court has been told by its administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that requisite infrastructure is made available for the same.Taking the statement on record, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad...
Mere Fact That Both Prior & Subsequent User Are Registered Trademark Proprietors Irrelevant For Examining Who Generated Goodwill First: Delhi HC
The Delhi High Court has reiterated that the mere fact that both the prior user and the subsequent user are registered proprietors is irrelevant for the purposes of examining who generated the goodwill first in the market and whether the latter user is causing misrepresentation in the course of trade and damaging the goodwill of the former user.Justice Navin Chawla added that the action...
Delhi High Court Dismisses Plea Challenging Election Of AAP MLA Ajay Dutt In 2020 Assembly Polls
The Delhi High Court has dismissed a petition challenging the election of Aam Aadmi Party MLA Ajay Dutt in the 2020 Assembly elections, thereby seeking fresh elections from the said constituency.Dutt had successfully contested the Assembly Elections of Delhi (Vidhan Sabha) 2020 from the Assembly Constituency – 48, Ambedkar Nagar (SC), held on February 8, 2020 as a candidate belonging to the...
Rajasthan HC Grants Interim Protection From Arrest To Advocate's Clerk Who Forwarded Provocative WhatsApp Message After Udaipur Killing
The Rajasthan High Court has granted protection from arrest to an Advocate's clerk, who forwarded a WhatsApp message stating that "in Udaipur religious war has started, bravo finish the pigs".The petitioner has sought for quashing of FIR registered on information of respondent-Nadim Kadir for offences punishable under Sections 295A and 153A of the IPC. He further sought protection of his life...
Delhi High Court Gives Nod For Establishing Mohalla Clinic In Public Park, Directs Maintenance Of Remainder Part As Green Area
The Delhi High Court has recently given its nod for establishment of Mohalla Clinic in a public park situated in city's Kalkaji area, observing that the project would be beneficial to the residents of the locality. Further adding that the project must be implemented as per the proposed plan in public interest, Justice Yashwant Varma directed the authorities (Delhi Government and PWD) to...
Uttarakhand HC Permits Animal Slaughtering On Bakar-Eid In Muslim-Majority Town In Haridwar District [Read Order]
The Uttarakhand High Court on Thursday stayed the operation of the state government's order to allow the slaughtering of animals in Mangalore, a Muslim majority town loacated at a distance of about 45 kilometers from Haridwar, on the occasion of Bakar-Eid which falls on 10th July, 2022.The court noted that the purpose of issuance of order appears to be to assuage the feeling of Hindu...
Using Name Of A State For Non-Commercial Establishments Prohibited: Kerala High Court Overrules Single Bench Order
The Kerala High Court recently held that a private organisation cannot use the name of a State in its title, irrespective of the profit or purpose for which it is constituted, even if it is a non-commercial organisation going by the Emblems and Names (Prevention of Improper Use) Act, 1950 and the corresponding Rules. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P....
CBIC Revokes Circular Relating To Excisability Of Waste Arising During The Process Of Manufacture
The Central Board of Indirect Taxes and Customs (CBIC) has revoked the circular relating to the excisability of waste arising during the process of manufacture.Rule 6 of the CENVAT Credit Rules, 2004 was amended with effect from March 01, 2015 by inserting Explanation 1 and 2 in sub-rule (1) of rule 6. It provides that exempted goods or final products shall include non-excisable goods...
Merely Placing Sale Deed On Record Doesn't Absolve Party From Establishing Right To Claim Land Compensation When Possession Not Established: Delhi HC
The Delhi High Court has observed that merely placing the Sale Deed on record will not absolve a party from its burden to establish its right to claim compensation in respect of a land when the fact of possession in its favour is not established from the documents available on record.A division bench comprising of Justice Siddharth Mridul and Justice Gaurang Kanth was dealing with a plea...