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Section 14 Of IBC Would Not Bar A Proceeding Under PMLA: NCLT Ahmedabad Reiterates
The National Company Law Tribunal, Ahmedabad Bench, comprising Dr. Madan B. Gosavi, (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) in Bank of India vs M/s Mayfair Leisures Ltd has held that Section 14 of IBC would not bar a proceeding under the Prevention...
Residuary Jurisdiction Of NCLT U/S 60(5)(c) of IBC , Can't Be Used To Interpret Terms Of An Agreement Relating To A Third-Party Contract: NCLT Ahmedabad
The National Company Law Tribunal, Ahmedabad Bench, comprising of Dr. Madan B. Gosavi (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) filed by the Resolution Professional (“RP”) of JBF Petrochemicals Ltd in IDBI Bank Ltd vs JBF Petrochemicals Ltd. has held that...
Characterization Of Share Application Money By AO As Unexplained Cash Credit Is Devoid Of Necessary Verifications: ITAT
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the characterization of the share application money of Rs. 25 lac by the AO as an unexplained cash credit under Section 68 of the Income Tax Act is clearly devoid and bereft of necessary verifications.The bench of Ravish Sood (Judicial Member) has observed that the matter, in all fairness, requires to be restored to...
'Sensitise Police That Muslims In India Are Indians' : Ex-Judge RF Nariman In Foreword To Report On Riots During Religious Processions
Sensitising police forces about the ‘Indianness’ of Muslims in the country, besides insulating law enforcement agencies from political interference, would help reduce communal tensions and promote fraternity, said former Supreme Court judge Rohinton Nariman. In a foreword to a report on the violence in many states during Ram Navami and Hanuman Jayanti celebrations in April of...
Unsuccessful Resolution Applicant Has No Locus Standi To Challenge The Approved Resolution Plan: NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member) while adjudicating an appeal filed in M.K. Rajagopalan v S. Rajendran & Anr., has held that an Unsuccessful Resolution Applicant has no locus standi to assail a Resolution Plan or its implementation since it is not...
IPS Officer Who Allegedly Got Conman To Pose As Chief Justice To Influence Corruption Probe Against Him Denied Anticipatory Bail By Patna High Court
The Patna High Court has refused anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the State in order to influence a corruption probe against him.A bench comprising Justice Anjani Kumar Sharan said there is ample evidence against Kumar in the form of electronic evidence, which establish...
Supreme Court Expresses Displeasure At A Trial Court Adjourning Matter Despite Its Direction To Expedite Process
The Supreme Court, on Friday, expressed displeasure that the executing court (Additional District and Sessions Judge, 15th Court, Alipore) had adjourned a matter wherein the Apex Court had categorically directed it to conduct the hearing in the execution proceedings on a day to day basis. It observed that caution should be exercised and it should be ensured that the intent of the Apex...
Not Necessary For Party To Raise Objection Regarding Unilateral Appointment Before The Arbitrator, Can Be Raised In S. 34 Petition: Bombay High Court
The Bombay High Court has ruled that when one of the parties to the dispute has an overwhelming and unilateral power to appoint a Sole Arbitrator, the same completely vitiates such an appointment as the same is hit by Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996 (A&C Act). While dealing with a petition filed under Section 34 of the...
Madhya Pradesh High Court Initiates Suo Moto PIL Over Lawyers' Strike, Says Those Deliberating Avoiding Proceedings Will Face Serious Consequences
The Madhya Pradesh High Court at Jabalpur on Friday initiated Suo Motu Public Interest Litigation as a result of the communication by the Chairman of the State Bar Council of Madhya Pradesh asking the Advocates to abstain from court work from 23rd March. Division Bench consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra observed that We are of the considered view that the duty...
After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years
A plea challenging the automatic disqualification of representatives of elected legislative bodies, upon being convicted of any offence and sentenced to imprisonment for not less than two years as per Section 8 (3) of the Representatives of the People Act, 1951 (1951 Act) has been filed before the Supreme Court of India. While stating that the immediate reason for approaching the Court is...
Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh has reiterated that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review.A bench comprising Justice Sanjay Dhar passed the observation while hearing a petition seeking review of judgment passed by it, last year on December 23, 2022 whereby Civil First Appeal filed by the...
Supreme Court Dismisses Petition Seeking Guidelines To Protect Research Works From Plagiarism
The Supreme Court on Friday dismissed a petition seeking the protection of research done by scholars in the form of thesis to avoid its misuse or plagiarism.A Bench of Justices KM Joseph and BV Nagarathna dismissed the plea while hearing the party in person noting that it wasn’t convinced. “After hearing the petitioner in person, we are not convinced that the petitioner made out a case...