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Gujarat High Court Registers Suo Moto PIL Regarding Alleged Use Of Minors To Traffic/Supply Drugs In Ahmedabad
The Gujarat High Court today initiated a suo moto Public Interest Litigation (PIL) regarding the alleged use of minor girls to traffic/push drugs in the city of Ahmedabad. A notice has been issued to the State Government through the Secretary Home Department, the Director General of Police, the Women and Child Development Department, the State of Gujarat and the Inspector General of...
A ‘No-Claim Declaration’ Given By Party Would Not Extinguish Its Remedy To Invoke Arbitration: Delhi High Court
The Delhi High Court has ruled that while dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), if the arbitration clause between the parties in the Special Conditions of Contract (SCC), which does not contain the mandate of a pre-arbitral procedure, is claimed to be overridden by another arbitration clause existing in the...
When Financial Creditors Have Not Been Paid In Full, Operational Creditors Cannot Claim A Higher Amount: NCLT Ahmedabad
The National Company Law Tribunal (“NCLT”), Ahmedabad Bench, comprising of Dr. Deepti Mukesh (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating a petition filed in Noble Resource International Pvt. Ltd. v Sona Alloys Pvt. Ltd., has held that when Financial Creditors have not been paid in full in the Resolution Plan, the Operational...
Plea In Bombay High Court Against Govt's “Unlimited” Power To Attach Property Of Anyone Connected To Company Under Protection Of Depositors Act
The Bombay High Court has issued notice on a writ petition challenging the Government’s “unlimited” and “unrestricted” power to attach properties of anyone connected to a company under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.Section 4 of the MPID meant for the protection of depositors allows even personal property of the...
Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 (Punishment for criminal breach of trust) and section 420 (Cheating and dishonestly inducing delivery of property) of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the...
Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for...
'Only CJI Can Assign Cases' : Supreme Court Bench Unhappy With Another Bench Assigning A Case To It
The Supreme Court on Monday witnessed a rare sight of one bench openly expressing its disapproval of another bench assigning a case to it. The well established practice of the Court is that the Chief Justice of India assigns cases to benches exercising the powers of "master of roster". A bench led by a puisne judge does not direct that a case should be listed before another bench.A departure...
'Killing Of Animals For Food Permissible Under Law' : Supreme Court Refuses To Entertain Plea To Switch Over To Lab-Grown Meat
The Supreme Court on Monday dismissed as withdrawn a plea seeking to curb the killing of animals and to switch over to lab-generated meat for human consumption. A Bench of Justices KM Joseph and BV Nagarathna granted the petitioner liberty to withdraw the plea after hearing arguments for a while. During the hearing, Justice Joseph pointed out that the statute (Prevention of Cruelty to...
District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court
The Supreme Court, on Monday, directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. v. UoI And Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination.A Bench comprising Justice MR Shah...
Can Passport Officer Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Jammu & Kashmir High Court To Examine
The Jammu & Kashmir & Ladakh High Court has recently issued notice to the Union of India through Regional passport office on a plea raising question as to whether the Regional Passport Officer can insist on mentioning father's name on the passport of a minor, particularly when the mother of the minor applicant is legally divorced and enjoys exclusive custody of the applicant...
'Cochin City Highly Polluted' : Kerala High Court Seeks Details Of Payments To Brahmapuram Waste Plant Contractor
The Kerala High Court on Monday directed the Secretary of the Cochin Municipal Corporation to place before the Court the details regarding the passing over of the management of the Brahmapuram solid waste management plant facility to a third party. The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji issued the said direction on being informed by the Secretary of...