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Merely Because The Borrower Is An MSME, It Would Not Be Governed By The Arbitral Mechanism Provided Under MSMED Act: Gujarat High Court
The Gujarat High Court has ruled that merely because the borrower is an MSME, it would not be governed by the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), including the arbitral mechanism envisaged under the said Act. The bench of Justice Biren Vaishnav observed that though, as per the mechanism provided under the MSMED Act, the dispute...
Maharashtra Govt's Tender For Sanitary Pad Incinerator Challenged For Flouting Waste Management Rules, NGT Pune Issues Notice
The National Green Tribunal, Pune has issued notice to the Maharashtra government in an application challenging the temperature of incineration provided in its tender for installation of incinerators for sanitary pads in 9,940 schools in the State.Schedule II of the Solid Waste Management Rules, 2016 provides for a minimum temperature of 950 degree Celsius in an incinerator. It also...
'No Incriminating Material Found Against Me' : Bhima Koregaon Accused Vernon Gonsalves Tells Supreme Court Seeking Bail
To deny bail on the basis of the little evidence that the centre has against Bhima Koregaon-accused Vernon Gonsalves was a ‘stretch’, said senior advocate Rebecca John, appearing on behalf of the jailed activist. “There is no evidence,” said John, after taking the court through the documents on which the National Investigation Agency relied. She added: “Four people have...
NBDSA Finds News18 India & Zee News Guilty For Communally Charged Programs; Slams TimesNow For Wrong 'Pro-Pak' Slogan Report
The News Broadcasting & Digital Standards Authority (NBDSA) on Monday found news channels News18India and Zee News guilty of airing communally charged programs.The body found Zee News liable for depicting the issue of over-population by targeting the Muslim community and selectively sharing statistics.The complainant had alleged that the channel broadcasted visuals of large Muslim crowds...
Leniency Cannot Be Shown When Officers Of State Are Accused Of Heinous Crimes : Kerala High Court
The Kerala High Court while refusing bail to two army personnel held that when the accused is an officer of the State, "leniency is not the sanction of law, instead rigidity is the rule of law" . A single bench of Justice A.Badharudeen was hearing an anticipatory bail application where initially the offences registered against the petitioners were bailable, but subsequently the...
Defences Of ‘Pre-Existing Dispute’ Or ‘No Amount Due’ Can Be Raised Directly In Reply To Section 9 Application: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Greymatter Entertainment Pvt. Ltd. v Pro Sportify Pvt. Ltd., has held that IBC does not prevent the Corporate Debtor from establishing defences of ‘Pre-existing dispute’...
Shiv Sena Case Hearing | If Some MLAs In A Political Party Oppose Coalition After Forming Govt, They Will Attract Disqualification : Supreme Court
The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups, asked whether holding a floor test during the pendency of disqualification proceedings would amount to legitimising defection.The Court verbally remarked that if the antecedent reason for a floor...
British National Jane Cox To Continue Law Practice In India After BCI Consents Before Bombay High Court, 17-Yr-Old Order Set Aside
The Bombay High Court on Tuesday set aside a 17-year-old order passed by the Bar Council of India (BCI) and paved the way for Advocate Jane Cox, a British citizen, to continue her legal practice in India.A division bench of Justices Gautam Patel and Neela Gokhale, set aside the 2005 order with BCI's consent but kept the question regarding a foreigner's right to practice expressly open."Both...
Section 24 CPC Power Can Be Invoked By Common High Court For Two Or More States Even For Inter State Transfer Of Suits: Supreme Court
The Supreme Court held that the power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it.Section 25 CPC applies to inter-State transfer of a...
'Kill Modi' Remark: Madhya Pradesh High Court Grants Bail To Congress Leader Raja Pateria Two Months After Arrest
The Madhya Pradesh High Court on Monday granted bail to Congress leader Raja Pateria in a case over his alleged remark against Prime Minister Narendra Modi.Justice Sanjay Dwivedi while allowing the second bail application preferred by the Congress Leader, observed that, Considering the earlier order and the liberty granted to the applicant to revive the application after the period of...
Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court
The Supreme Court, on Tuesday, expressed its prima facie view that the the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained. A Bench comprising Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol requested the Chief Justice of High Courts to...