No Surprise Claims Can Be Flung Or Sprung Upon Corporate Debtor Once Resolution Plan Is Approved: Delhi High Court

The Delhi High Court bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela has reiterated that once a Resolution Plan is approved by NCLT, all prior claims against the Corporate Debtor are extinguished under the "clean slate" theory. The court stated, “According to the said theory, the successful Resolution Applicant in order to get a fresh breath or new lease of life,...

Bombay High Court Allows Medical Officer To Contest Upcoming Elections; Orders State To Accept Resignation

The Bombay High Court on Tuesday ordered the Maharashtra Government to accept the resignation of a Medical Officer, who seeks to contest in the upcoming State Legislative Assembly elections.A vacation court presided over by Justices Sandeep Marne and Manjusha Deshpande ordered the State to accept the resignation of Dr Rohan Borse, a Grade 'A' Medical Officer deployed at the District...

Death By Negligence | Prosecution U/S 304A IPC Not Permissible If Offence U/S 92 Of Factories Act Already Initiated: Karnataka HC

The Karnataka High Court has reiterated that initiating prosecution under Section 304-A (causing death by negligence) of the Indian Penal Code, against the owners/manager of a factory is impermissible when already prosecution for the offence punishable under Section 92 of the Factories Act, 1948, has been initiated.A single judge bench of Justice Mohammad Nawaz allowed the petitioner filed by...

Delhi High Court Relaxes 2020 Riots Case Accused's Bail Condition, Permits Him To Travel Outside The City To Attend Sister's Wedding

Relaxing a condition imposed in a 2021 order while granting bail to a man booked in connection with the murder of Head Constable Ratan Lal during the 2020 North-East riots, the Delhi High Court on Tuesday (October 29) permitted the man to attend his sister's wedding in Bijnor, Uttar Pradesh. On September 3, 2021 the high court had granted bail to Shadab Ahmad, booked in FIR No. 60/2020...

Renukaswamy Murder Case | Karnataka HC Reserves Order On Interim Bail Sought By Actor Darshan On Medical Grounds

The Karnataka High Court on Tuesday reserved its order on an application filed by Kannada Actor Darshan Thoogudeep Srinivas seeking interim bail on medical grounds to undergo spine surgery. Darshan has been held in custody as an accused in the Renukaswamy murder case.A single judge bench of Justice S Vishwajith Shetty said “I will pass order on the application seeking interim bail...

Centre Notifies Appointment Of Five Additional Judges To Kerala High Court

The Central government has notified the appointment of five additional judges to the Kerala High Court of Kerala.The following are the names:1. Shri Paramesara Panicker Krishna Kumar2. Shri Kodassery Veliyath Madom Jayakumar3. Shri Muralee Krishna Shankaramoole4. Shri Jobin Sebastian5. Shri Pandikkaran Varadaraja Iyer BalakrishnanThe Kerala High Court collegium had recommended their elevation...

Secret Ballot Mandatory For Union Recognition In Railway Production Units; Madras HC Sets Precedent

Madras High Court: A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan directed the Integral Coach Factory (ICF) to implement a Secret Ballot System for trade union recognition, replacing the existing Staff Council model. The Court found that the current system, which splits representation equally between management-nominated officials and...

High Court Seeks Delhi Govt's Stand In BJP MLAs Plea For Tabling 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly

The Delhi High Court on Tuesday sought the AAP led Delhi government's stand in a plea by various BJP leaders seeking a direction to the government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.A single judge bench of Justice Sanjeev Narula issued notice to...

Proceedings U/S 130 Of UPGST Act Not Applicable If Excess Stock Is Found At Time Of Survey: Allahabad High Court

Recently, the Allahabad High Court has held that proceedings under Section 130 of the Uttar Pradesh Goods and Service Tax Act, 2017 cannot be initiated where stock is found excess at the time of survey. Section 130 of the UPGST Act provides for confiscation of goods and penalty in cases where supply, transport of goods has been made in contravention to the provisions of the Act with...

Religious Practises In East India Differ From Those In North India, Cannot Be Restricted: Calcutta High Court On Plea To Curb Animal Sacrifice

A Calcutta High Court vacation bench has remarked that since religious practices in East India differ from those in North India, it would not be realistic to call for a restriction of practices which may have formed an "essential religious practice" for many communities.A division bench of Justices Biswajit Basu and Ajay Kumar Gupta was hearing a continuing plea by the Akhil Bharatiya Go...

Bombay High Court Weekly Round-Up: October 21- October 27, 2024

Citations 2024 LiveLaw (Bom) 543 to 2024 LiveLaw (Bom) 558Nominal Index:Maniyar Hasina vs Election Commission of India, 2024 LiveLaw (Bom) 543Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd. , 2024 LiveLaw (Bom) 544Sachin Waze v State, 2024 LiveLaw (Bom) 545National Leasing Limited versus The Assistant Commissioner of Income, 2024 LiveLaw (Bom) 546Chhota Rajan vs. State, 2024...

Creation Of New Facility In Punjab Being Done On Priority: Centre Tells High Court On Alleged Shortage Of Storage In FCI Godown For Storing Paddy

The Central government has submitted before the Punjab & Haryana High Court today that with regard to the issue of shortage in storage space in Punjab for paddy, a two-pronged strategy is being adopted for which "Additional Movement of food grains from Punjab has been planned" and Creation of new storage capacity is being "undertaken on priority."Reportedly, the lack of storage space in...