Assets Of Subsidiary Company Cannot Be Dealt With In CIRP Of Holding Company: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Greater Noida Industrial Development Authority (GNIDA) v Roma Unicon Designex Consortium, has held that the assets of the Subsidiary Company...

Order Passed Under S. 36 Of Arbitration Act Not Appealable Under S. 13 Of Commercial Courts Act: Delhi High Court

The Delhi High Court has ruled that appeal against the order of the High Court, passed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act), is not maintainable under Section 13(1A) of the Commercial Courts Act, 2015, since it is not one of the orders enumerated under Order XLIII of the Code of Civil Procedure, 1908 (CPC), from which an appeal would lie. The...

FIR On Noida Hate Crime Complaint Registered After 1.5 Years : Supreme Court Expresses 'Distress' At UP Police Laxity

The Supreme Court on Monday expressed dissatisfaction at the laxity shown by the Uttar Pradesh Police in registering an FIR in the Noida hate crime case of July 2021, in which a 62-year old Muslim man complained that he was pulled inside a car by a group of four men, was beaten up, pulled by his beard, assaulted and communal slurs were hurled against him.The Court noted with "distress" that...

Shahjahanpur Rape Case 2011| After 'No Objection' From State & Complainant, Allahabad HC Grants Anticipatory Bail To Chinmayanand Saraswati

The Allahabad High Court has granted anticipatory bail to former Union minister Chinmayanand Saraswati in connection with the Shahjahanpur Rape Case 2011 after the state did not oppose his bail plea. In fact, the Counsel for the complainant filed a counter affidavit stating that the complainant has no objection, whatsoever, if Chinmayanand is enlarged on anticipatory bail.#JustIn...

No Police Mock Drills Depicting Members Of A Particular Community As Terrorists: Bombay High Court

A Public Interest Litigation filed before the Aurangabad bench of the Bombay High Court seeks guidelines for police mock drills citing three mock drills where a police constable playing the role of a terrorist was dressed as a Muslim and was shouting “Nara-E-Takbeer, Allah-u-Akbar” after being arrested during the drill.“The petitioner submits that the conduct of aforesaid mock...

‘Want To See If Apology Really Comes From The Heart’: Supreme Court Refuses To Close Contempt Proceedings Against Odisha Lawyers For Strike

The Supreme Court, on Monday, refused to close contempt proceedings against lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court. Senior Advocate, Vijay Hansaria apprised a Bench comprising Justice S.K. Kaul and Justice Manoj Misra that the lawyers against whom the Apex Court had issued contempt notices...

Supreme Court Sets Aside Ex-Parte Order Of Foreigners Tribunal Which Declared A Woman Non-Indian

The Supreme Court recently directed Foreigners’ Tribunal, Kamrup, Assam to consider afresh plea of a woman against whom an order alleging that she had entered Assam from East Pakistan after 25 March 1971, was passed by the tribunal ex parte. The petition was heard by a bench comprising CJI DY Chandrachud and Justice Dipankar Datta The matter was concerning an order of the...

Whole World Is Operating On Electronic Mode, Why Is ECI Still Giving Hardcopies Of Electoral Rolls To Parties? Supreme Court

In a petition challenging the free supply of electoral rolls through hard copies (as per Section 78A and Section 78B of the Representation of the People Act, 1951), CJI DY Chandrachud enquired why the Election Commission of India gave hardcopies of electoral rolls to political parties instead of giving electronic copies. The matter was listed before a bench comprising Chief Justice...

Pay ₹5 Lakhs To Louis Vuitton Or Face Civil Prison: Delhi High Court To Trader Who Continued To Sell Counterfeit Products

The Delhi High Court has directed a Sadar Bazar trader to pay rupees five lakhs to Louis Vuitton within four weeks or face civil prison for a week, after he was held guilty of contempt for violating a restraining order by continuing to sell counterfeit products of famous French luxury brand. Justice C Hari Shankar observed that a counterfeiter abandons any right to equitable consideration by...

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention order, the court observed. A division bench of Justice Anil...

Patna High Court Shuts 49 Brick Kilns Over Failure To Shift To 'Cleaner Technology'

The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns...

'Our Intent Was No Special Privilege Can Be Shown To Lawyers' : Supreme Court Says Bail Pleas Of Odisha Lawyers Be Considered On Merits

The Supreme Court, on Monday, clarified that when it had recorded in its order dated 14.12.2022 that lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court ‘do not deserve any indulgence’ it merely meant that no special privilege ought to be shown to them. Senior Advocate Vikas Singh appearing on behalf of...