Banks Can Initiate Proceedings Under SARFAESI Act To Recover Loan If It Wasn't Party To Resolution Plan: Kerala High Court

The Kerala High Court bench of Justice Gopinath P. has held that a bank can initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to recover outstanding dues if it was not a party to the resolution plan approved under the Insolvency and Bankruptcy Code, 2016. The Court clarified that the bar...

SCN & Orders Not Containing Signature Of Proper Officer Cannot Sustain Judicial Scrutiny: Telangana High Court

The Telangana High Court stated that the show cause notices and the orders which are not pregnant with the signature of the Proper Officer cannot sustain judicial scrutiny. The Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara observed that “since Rule and prescribed Forms mandate requirement of signature of Proper Officer, its violation makes...

[CGST ACT] Dept Can't Seize Goods If Quantity Or Weight Of Goods Is Found Correct On Physical Verification: Calcutta High Court

The Calcutta High Court stated that GST department cannot seize the goods if the quantity or weight of the goods is found correct on physical verification. The Division Bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya noted that the quantity or the weight of the goods, which were carried in the vehicle, has been found to be correct by the department on...

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her observed, “The report of the City Civil Judge, Special Court...

[Arbitration Act] Pre-Referral Jurisdiction Of Court U/S 11(6) Includes Inquiry On Whether Claims Are Ex-Facie & Hopelessly Time Barred: Calcutta HC

The Calcutta High Court Bench of Justice Shampa Sarkar has held that while the scope of adjudication by referral court is limited and entails a mere examination of whether the arbitration agreement exists or not, the referral court is not precluded from examining whether the claim is deadwood or ex facie barred. Background Facts The agreement between the parties was entered into...

What Is The Difference Between 'Non-Service Of Notice' & 'Lack Of Knowledge Of Service Of Notice'? Kerala High Court Explains

The Kerala High Court has explained the difference between 'non-service of notice' and 'not noticing or lack of knowledge of service of notice'. “Lack of knowledge of service of notice can amount to a violation of principles of natural justice only in certain limited circumstances. When lack of knowledge is attributable to the default of the sender of the notice, then 'not...

NOIDA Sports City | Builder Consortium Did Nothing To Develop Sports Facilities, Only Interested In Secondary Residential Areas: Allahabad HC

The Allahabad High Court has recently observed that the members of the consortium of builders who were responsible for the development of NOIDA Sports City were only interest in development of the residential areas rather than developing the sports facilities which was the primary object of the development plan.While hearing a plea by M/s Xanadu Estates Private Limited which among various...

'Disclose Social Media Passwords, Provide Body Fluids, Blood Samples If Required By IO': MP High Court Directs Accused Seeking Bail

Granting anticipatory bail to a man booked under Section 69 of Bharatiya Nyaya Sanhita (Sexual intercourse by employing deceitful means, etc.), the Madhya Pradesh High Court recently imposed some unusual bail conditions on him. A bench of Justice Devnarayan Mishra directed the accused (Murli Manohar Soni) to cooperate with the investigating agency, submit all electronic gadgets,...

Rajasthan High Court Issues Contempt Notice To State University For Withholding Annual Affiliation Of Medical College Despite Court Order

The Rajasthan High Court issued contempt notice to Rajasthan University of Health Sciences (RUHS) for failing to grant annual affiliation to a college in contravention of a coordinate bench's direction, observing that RUHS was bent upon harassing the college for no good reason.Justice Vinit Kumar Mathur was hearing a petition by Saloni Institute of Medical Sciences against RUHS, claiming...

Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions

The Orissa High Court has suggested the Department of Health and Family Welfare, Government of Odisha to bring in necessary amendments to the Odisha Civil Services (Pension) Rules, 1992 ('the 1992 Rules') so as to put a bar on large-scale exit of government doctors through the voluntary retirement scheme.Expressing deep concern over huge exodus of government physicians, the Single Bench of...

Demolition Of Alleged Drug Peddler's Property In Punjab | Plea Filed In High Court Seeks Implementation Of SC's Guidelines On “Bulldozer Justice”

A Public Interest Litigation (PIL) has been filed today in the Punjab and Haryana High Court seeking the implementation of guidelines issued by the Supreme Court, following the reported demolition driver by Punjab Police of drug peddler's property.According to Indian Express report published on February 28, the Punjab Police have been razing the properties of alleged drug suppliers in...

“Vendors Were Relocated To Remote Places”: Punjab & Haryana HC Stays Cancellation Of Street Vendors Licenses Till Appeal Is Decided

The Punjab & Haryana High Court has put a stay on the operation of the cancellation order of street vendor's licenses to run their businesses on the streets of Chandigarh till they approach the appellate authority and the plea is decided. The Street vendors had challenged the cancellation order on the ground that they were arbitrarily shifted to remote areas, affecting their livelihood and...