Application Of Roster Point To Clear And Anticipated Vacancies Prevents Anomalous Appointments: Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Saugata Bhattacharyya held that applying roster points separately to clear and anticipated vacancies is necessary to prevent anomalies and ensure fairness if anticipated vacancies did not materialize. Background Facts The Public Service Commission, West Bengal published an advertisement...

NCLT New Delhi Dismisses Homebuyer's Petition Against PSA Impex Pvt Ltd On Grounds Of Fraudulent & Malicious Intent

The National Company Law Tribunal (NCLT), New Delhi Bench, comprising Shri Bachu Venkat Balaram Das (Member-Judicial) and Dr. Sanjeev Ranjan (Member-Technical), has dismissed the section 7 petition filed by the homebuyers against PSA Impex Pvt. Ltd. on the ground of fraudulent and malicious intent. PSA Impex Private Limited (Corporate Debtor) launched a housing project named...

Dependent Can Challenge Termination & Claim Service Benefits Of Missing Employee Who Is Presumed Dead After Seven Years: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that dependent wife of a missing government employee can challenge his ex-parte termination and claim the service benefits of the missing employee who is presumed dead after seven years. Background Facts The husband of Respondent was employed as a...

No Salary Payable For Period Of Unauthorized Absence During Higher Studies Without Official Deputation: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that Post-graduate studies pursued without official deputation or permission do not entitle government employees to salary under Article 44-A of J&K Civil Service Regulations, 1956. Background Facts The respondents were appointed as Assistant Surgeons and...

Pendency Of Criminal Case Doesn't Automatically Bar Continuation Or Conclusion Of Departmental Proceedings : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that pendency of a criminal case does not automatically bar the continuation or conclusion of departmental proceedings. Further the stay on disciplinary proceedings pending a criminal trial should only be for a reasonable period, and that the prolonged duration of...

NCLT Approves Reliance Retail's Resolution Plan For Kishore Biyani-Led Future Supply Chain

The National Company Law Tribunal (NCLT) at Mumbai Bench, has recently approved the resolution plan submitted by Reliance Retail Ventures Limited (RRVL) for Future Supply Chain Solutions Limited, a Kishore Biyani-led Future Group company, under Section 31(1) of the Insolvency and Bankruptcy Code, 2016.The coram comprised Judicial Member Lakshmi Gurung and Technical Member Hariharan...

GST Not Payable On MGO Charges Collected By ONGC From GAIL For Shortfall In Gas Offtake: Tamil Nadu AAR

The Authority for Advance Ruling of Tamil Nadu recently held that Minimum Guaranteed Off-take (MGO) charges collected by ONGC from GAIL for short-lifting natural gas are not liable to Goods and Services Tax (GST).In a clarification key for the oil and gas sector, the authority ruled that these charges are in the nature of liquidated damages for breach of contract and do not constitute a...

Adoption Of Pay Revision Scheme Doesn't Automatically Bind Employer To Its Retrospective Date : Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a cooperative society's decision to implement ROPA 2009 from August 2014 without arrears is valid, and it is not bound to grant benefits from January 1, 2006. Background Facts The appellant was appointed as a Junior Clerk by the Board of Directors of...

NCLT Chandigarh Rejects Insolvency Plea Against ZTE Telecom India, Cites Pre-Existing Dispute

The National Company Law Tribunal (NCLT) at Chandigarh has recently rejected an insolvency application filed by TVS Supply Chain Solutions Limited against ZTE Telecom India Private Limited, the Indian subsidiary of Chinese telecom giant ZTE Corporation.The Tribunal held that a clear dispute existed between the parties before the insolvency proceedings began.The order was passed by a...

"Insolvency Professionals Acting Like Scavengers Must Be Dealt With Severely": Delhi High Court Slams Practitioner's Misconduct

The Delhi High Court recently slammed the conduct of a senior insolvency professional, warning that such individuals must not become “predators” of companies already in financial distress. In a scathing judgment, the Court said professionals under the Insolvency and Bankruptcy Code (IBC) must uphold the highest ethical standards and 'even a single act of negligence' is sufficient for a disciplinary actionThe judgment, delivered by Justice Subramonium Prasad on September 9, contained strong...

Civil Courts Cannot Grant Ex-Parte Injunction In Shareholder Disputes Due To Bar U/S 430 Companies Act: Calcutta High Court

The Calcutta High Court bench presided over by Justice Aniruddha Roy, has observed that a civil court cannot grant an ex parte ad interim injunction in a shareholder dispute, in light of the bar under section 430 of the Companies Act, 2013. The plaintiff filed a civil suit before the Civil Judge, Senior Division, Alipore, alleging that his shares in the Power Tools and Appliances...

Post-Facto Invocation Of Arbitration Not Valid Defense: NCLT Mumbai Admits Tata Power EV Charging's Insolvency Plea Against Cab-Eez Infra

The National Company Law Tribunal (NCLT), Mumbai Bench, comprising Shri Sameer Kakar (Member-Technical) and Shri Nilesh Sharma (Member-Judicial), has admitted Tata Power EV Charging's insolvency plea against Cab-Eez Infra, observing that the post-facto invocation of the arbitration is not a valid defense. Tata Power EV Charging Solutions Ltd. provided the charging...