Proviso To S.10A Of IBC Doesn't Bar CIRP Applications Where Default Continues Beyond Moratorium Period: Madras High Court

The Madras High Court bench comprising Justice S.S. Sundar and Justice P. Dhanabal has held that the proviso to Section 10-A of the Insolvency and Bankruptcy Code (IBC) does not extend to cases where the default continues beyond the moratorium period. The court noted that Section 10-A only imposes a moratorium temporarily suspending the initiation of the Corporate...

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court

The Supreme Court (January 28), while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 (common intention) of the IPC, it must be established that the accused had preplanned the act and shared a common intention. Reliance was placed on several judgments including the recent decision in Madhusudan and others...

'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University

The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr....

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC

The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004 (Amendment to Section 6 of the Hindu Succession Act), between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation...

"Not Everyone Can Come To Court": Madras High Court Asks TN Home Secretary To Ensure Prompt Filing Of FIR, Final Reports

The Madras High Court on Friday asked the Tamil Nadu Home Secretary to ensure that FIRs and Final Reports are filed by the police department promptly after following due procedures of law.Justice P Velmurugan also dispensed with the appearance of Home Secretary Dheeraj Kumar whom he had instructed to appear personally. The court also told the Home Secretary that it did not intend to summon...

'Hope CBFC Will Take Note Of Objections When Deciding On Certification': P&H High Court Disposes Of PIL Seeking Ban On Delhi Riots Movie

The Punjab & Haryana High Court on Friday has disposed of a plea seeking a ban on the release of a movie based on the Delhi riots 2020.The Court took note of the Union Government's submission that the producer of the movie 'Delhi-2020' has not yet applied for the certificate before the Central Board of Film Certification (CBFC).Consequently, a bench of Chief Justice Sheel Nagu and...

Trial Judges Shouldn't Be Like Tape Recorder While Recording Evidence, Must Ask Relevant Questions To Hostile Witnesses: Allahabad HC

The Allahabad High Court recently observed that the Presiding Officer sitting in the Trial Court while recording the evidence must not act like a spectator and tape recorder and must actively participate in the court proceedings. The court added that if any witness is declared hostile by the prosecution, the court itself must ask relevant questions to the witness, and if it...

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court

The Karnataka High Court has held that there cannot be an offence of extortion registered against the wife when she initiates proceedings for maintenance and the concerned Court grants maintenance amount to her.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by a wife seeking to quash the complaint registered by the husband under Sections 420, 406, 403, 109,...

Allahabad HC Stays Arrest Of Man Accused Of Fraudulently Obtaining Naturalization Certificate, Issues Notice To Home Ministry

The Allahabad High Court recently stayed the arrest of a man in connection to an FIR lodged against him on the allegations of procuring a naturalisation certificate under the Citizenship Act 1955 by fraud. Dealing with a writ petition filed by the petitioner [Meisheng Chiang (Chiang Mei Sheng)] seeking the relief of quashing of FIR, a bench of Justice Sangeeta Chandra and Justice...

Gujarat HC Expresses Disappointment Over State's Failure To Implement Policy On Traffic/Illegal Parking Despite Orders, Warns Of Action Against Officers

While hearing a plea seeking contempt for non-compliance of the court's orders in a 2017 PIL concerning among others issues of traffic and illegal parking on public roads in Ahmedabad, the Gujarat High Court expressed its dissatisfaction with the State's failure in framing an "effective policy" to handle a grave situation to ensure that citizens of the city and the state feel safe. The...

Punjab & Haryana HC Rejects PIL To Restore Chandigarh Football Ground As Per International Standards, Says Court Can't Run Administration

The Punjab & Haryana High Court has dismissed a PIL seeking directions to Chandigarh UT Administration to take immediate remedial steps to restore a Football Stadium, in Sector-17 Chandigarh in conformity with international standards, observing that the court cannot step into the administration's shoes and start running it. A division bench of Chief Justice Sheel Nagu and Justice Sumeet...

Punjab & Haryana HC Imposes ₹4 Lakh Cost On College Association For Filing 'Frivolous' Plea Challenging Regular Inspection Carried Out By University

The Punjab & Haryana High Court imposed a cost of Rs 4 lakh on the Association of Colleges which has been approved by the National Council for Teacher Education (NCTE) for filing a frivolous petition challenging regular inspection carried out by the University under which colleges are affiliated.The Court rejected the contention of the Association that once the Colleges are recognized by...