Proceedings U/S 37 A Of FEMA Can't Be Continued During Moratorium U/S 33(5) Of IBC: Calcutta High Court

The Calcutta High Court bench of Justice Jay Sengupta has held that once a liquidation order against the Corporate Debtor is passed, all proceedings including those pending at the time of such order under the Foreign Exchange Management Act, 1999 (FEMA) cannot be continued, nor can any new proceedings be initiated, in view of the bar under Section 33(5) of the Insolvency and Bankruptcy...

Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly

The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...

MP Arbitration Tribunal Taking Decade To Decide Matters? High Court Directs State To Consider Increasing Member Posts

The Madhya Pradesh High Court on Monday (April 21) directed the State to assess the need to appoint more members to the State Arbitration Tribunal and if required, then undertake the process of appointment.The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “The State is directed to complete the proposed amendment process and notify the same within two...

'First Come First Serve' Policy Inherently Flawed, Cannot Be Resorted To In Matters Of Public Employment: Madhya Pradesh High Court

The Indore Bench of Madhya Pradesh High Court has reiterated that the policy of First Come First Serve is 'inherently flawed' and should not be applied by the State in matters of public employment.The Court directed the Ministry of Jal Shakti Department of Water Resources to not resort to the said policy in future.A single judge bench of Justice Subodh Abhyankar observed, “…the policy...

Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC

Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...

Resumption Proceedings Cannot Be Invoked Over Sold Property, Would Violate Article 300A: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a property which is sold by a registered sale deed cannot be taken back by invocation of resumption proceeding, observing that the same will amount to violation of right to property under Article 300-A.Justice Sureshwar Thakur and Justice Vikas Suri said, "the instant invocation of the power of assumption, thus on any purported breach of...

Father Allegedly Detained Child Violating Canadian Court's Order: P&H HC Directs Child's Return To Mother, Says Indian Court Cant Be Misused By Foreigner

The Punjab & Haryana High Court has allowed habeas corpus plea filed by a Canadian woman seeking custody of her child from father who allegedly detained him violating Canadian Court order.Justice Manjari Nehru Kaul remarked, "Indian Courts cannot be reduced to instruments of convenience for litigating foreign nationals seeking to sidestep judicial proceedings in their own jurisdictions....

S.379 BNSS | Court Must Apply Judicial Mind & Give Reasons Before Initiating Complaint For False Evidence, Forged Documents: Karnataka HC

The Karnataka High Court has said that before initiating a complaint under Section 379 BNSS for offences affecting administration of justice–like giving false evidence or fabricating documents–a court must apply its judicial mind and come to a conclusion with reasons that it is necessary to hold a preliminary inquiry or initiate a complaint.The petitioner had approached the high...

Can't Issue Guidelines In Absence Of Statutory Backing: Bombay HC Remarks In Plea Seeking To Create A Fund For Wrongly Incarcerated People

While permitting withdrawal of a PIL seeking funds to compensate wrongly incarcerated persons, the Bombay High Court on Wednesday (April 23) orally remarked that in the absence of statutory backing, it cannot issue guidelines to the union or state government under Article 226 of the Constitution.The PIL filed by a 90-year-old man sought directions to create a fund for compensating undertrials...

MP High Court Upholds Order Confirming 6-Month Detention For 21 Yr Old Accused Of Repeated Drug Trafficking Despite Bail

The Madhya Pradesh High Court has upheld an order detaining a 21-year-old man for six months who was allegedly involved in continuous illicit trafficking of narcotic drugs even after being released on bail.The court opined that the order was desirable and in the interest of the society.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “The petitioner, who is...

Will Register FIRs Against Those Unauthorisedly Sub-Letting Property: DGP Informs Madras High Court

The Director General of Police has informed the Madras High Court that FIRs will be registered against persons who fraudulently sublet property without the authorisation or consent of the house owner and thus cheat the house owner and third parties. The submission was made before Justice AD Jagadish Chandira, who had asked the police authorities to bring in awareness about the issue....

[S. 498a IPC] Cruelty Not Dependent On Suicide Or Self-Harm, Causing Grave Mental Or Physical Injury Sufficient To Attract Offence: J&K High Court

Reinforcing the protective scope of Section 498A IPC, the High Court of Jammu & Kashmir and Ladakh, while rejecting two petitions seeking quashing of an FIR lodged under sections 498A and 109 IPC, held that “if the conduct of husband or his relatives is accompanied with an intention to cause grave injury to a woman, whether or not she was driven to commit suicide or inflict grave...