Assessment Pending Prior To Resolution Cannot Be Quantified After Approval Of Resolution Plan: Allahabad High Court

The Allahabad High Court has held that the resolution applicant cannot be burdened with new claims after approval of a resolution plan. The bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that the principle underlying the Insolvency and Bankruptcy Code, 2016 is to give a fresh start to the successful resolution applicant. It held that any action...

Mistake Committed By Assessee Was Inadvertent & Technical; No Wrongful Availment Of ITC: Kerala High Court Quashes Demand Order

The Kerala High Court while quashing the demand order stated that there has been no wrong availment of credit, and that the only mistake committed by the assessee was an inadvertent and technical one, where he had omitted to mention the IGST figures separately in Form GSTR 3B. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “……The...

[Probation Of Offenders Act] Gauhati HC Extends Benefit Of Probation To Man Convicted U/S 498A IPC, Says Offence Was Not Heinous

The Gauhati High Court on Thursday (December 19) extended the benefit of Probation of Offenders Act to a man who was convicted and sentenced by the Trial Court to undergo one year imprisonment for the offence of cruelty under IPC Section 498A, after noting that the nature of offence alleged in the case was not so heinous. Notably, the Probation of Offenders Act Act provides for the release...

Karnataka High Court Directs NLSIU To Provide Reservation To Transgender Students As Per SC's NALSA Judgment

The Karnataka High Court as an interim measure directed the National Law School of India University (NLSIU) to provide a reservation of 0.5% to transgender persons (half the percentage of reservation provided for TGs in employment in State) with fee waiver, until it implements the 2014 directions of the Supreme Courts by formulating a reservation for transgender candidates. In 2021 the...

“We Cannot Always Rely On God For Winds, Show Some Will To Clear Air Pollution”: Bombay High Court Tells BMC, Maha Govt

The Bombay High Court on Friday while expressing displeasure over the 'harsh' air pollution in Mumbai, told the authorities that they cannot rely on the God for winds to clear the air and instead the authorities need to show some 'will' to cut down the air pollution in the city. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni expressed displeasure over...

'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children

The Chhattisgarh High Court has recently commuted the extreme sentence of death awarded by a Sessions Court to a man who was found guilty for commission of murder of his wife and three minor children.While finding the crime to be heinous but not 'rarest of rare', the Division Bench of Chief Justice Ramesh Singh and Justice Amitendra Kishore Prasad observed –“Though it shocks the conscious...

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons of late Mr. Amarnath Bajaj,...

Gujarat High Court Monthly Digest: November 2024

Citations 2024 LiveLaw (Guj) 165 to LiveLaw (Guj) 180Nominal IndexIPCL Employee Association (Bhartiya Majdoor Sangh) vs Reliance Industries Ltd. 2024 LiveLaw (Guj) 165Shailesh Anilkumar Amin & Anr. vs Gujarat Metro Rail Corporation (GMRC) Ltd. 2024 LiveLaw (Guj) 166M/S Konnecting India & Ors vs The Kalupur Commercial Co. Op Bank Ltd. & Anr. 2024 LiveLaw (Guj) 167Kurbuddin...

'Resignation During Pendency Of Inquiry Or Investigation Is Generally Not Accepted', Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing the Petition of an Army Officer held that resignation during the pendency of inquiry or investigation could generally not be accepted regardless of whether the Petitioner was suspended or not. Observing that being unauthorizedly absent from duty reflect poorly on the...

Punjab Govt Defers Civic Body Polls In Certain Wards After Plea Before HC Alleges Snatching Of Nomination Papers In Front Of Police

The Punjab Government today deferred the Municipal Corporation elections in certain wards of Patiala and Dharamkot district after a plea before the Punjab and Haryana High Court was filed alleging snatching of nomination papers in front of police.During the hearing, petitioners shown the videos where it was clearly seen that some police men were standing when nomination papers of women...

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.”The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. The Court found that the petitioner did not full fill the conditions and filed...

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

The Karnataka High Court on Friday (December 20) granted interim bail and directed immediate release from custody of BJP Legislator C T Ravi, who was arrested for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council, at Belagavi. Justice M G Uma heard the bail application filed by Ravi and passed the order. It said “I am of the opinion that...