NCLT Mumbai Approves Promoter’s Resolution Plan For Srithik Ispat Pvt. Ltd.

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kishore Vemulapalli (Judicial Member) and Shri Manoj Kumar Dubey (Technical Member), while adjudicating a petition filed in Swastik Coal Corporation Pvt. Ltd. v Srithik Ispat Pvt. Ltd., has approved the resolution plan submitted by the Promoter of the Corporate Debtor (Srithik Ispat Pvt. Ltd.). The...

Sec 138 NI Act - Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity; Supreme Court Affirms Acquittal

The Supreme Court observed that the standard of proof for rebutting the presumption under Section 139 of the Negotiable Instruments Act is that of preponderance of probabilities. In this case arising out of cheque bounce complaint, the accused was acquitted by the Trial Court. The High Court reversed the acquittal and convicted the accused. In appeal, the Apex Court noted that...

State Should Have Directly Attached Properties Of PFI Office-Bearers; Notice Was Unnecessary: Kerala High Court On Hartal Damages

The Kerala High Court on Wednesday observed that the State Government ought to have directly proceeded to attach the properties of the PFI and its office bearers, and bring the same to sale for realization of the amount of Rs 5.20 Crore towards the damage caused during the flash hartal in September 2022. The court was told by the State Attorney that the notice had been issued to the Secretary...

Husband Not Discharged From Personal Liability To Maintain Wife & Children On Ground That He Has No Means To Pay: Gauhati High Court

The Gauhati High Court has observed that it is a very common plea of husbands embroiled in matrimonial litigation that they are not in a financial position to maintain their wife and children. It observed that such a plea, in absence of cogent grounds, cannot discharge the husband from his "personal liability" of maintaining the wife and children.Justice Malasri Nandi remarked,"In every...

Use Terms 'District Judiciary' & 'Trial Courts' Instead Of 'Subordinate Judiciary' & 'Subordinate Courts' For Courts In UP: Allahabad HC

The Allahabad High Court has issued a notification resolving that the terms 'district judiciary' and 'trial Courts' shall be used instead of 'subordinate judiciary' and 'subordinate Courts', respectively, in reference to all Courts other than the High Court, in the State of Uttar Pradesh.The notification dated 17 January has been issued by the Registrar General of the High Court notifying...

Bombay High Court Restrains Police From Filing Chargesheet Against NCP Leader Anand Paranjpe; Police To Pursue Only One FIR

In a relief for Nationalist Congress Party (NCP) leader Anand Paranjpe, the Maharashtra police on Wednesday informed the Bombay High Court that it will pursue only one and not all 11 FIRs registered against him.“Learned APP on instructions states that the police intends to pursue only one FIR … APP states appropriate report on the other 10 cases will be filed within two weeks”, the...

Telangana HC Advocates' Association Writes To SC Expressing ‘Serious Dissatisfaction’ Over HC Collegium Recommendations

The Telangana High Court Advocates' Association has written to the Supreme Court expressing distress and serious dissatisfaction with the recommendations made by the High Court Collegium for the appointment of judges in the HC. The letter sent on January 17, 2023, and received by the Supreme Court the next day, states that the members of the Bar Association have received complaints...

'We Don't Want Any Hold Ups In Elections': Supreme Court Agrees To Grant Early Listing For Plea On Maharashtra Local Body Polls

The Supreme Court of India on Wednesday agreed for an early listing of a petition seeking to hold local body polls in the State of Maharashtra. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. Upon mentioning of the matter, CJI DY Chandrachud said–"We'll list an early date. Mr SG you were in UP matter. Ultimately it would be about...

Service Matters: Compilation Of High Court Judgments In 2022 [Part IV]

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Service matters. This is the final of four parts of this Digest.Part IPart IIPart III301. 'Air India Was A Sinking Company, Interests Of Employees Protected': Madras High Court Dismisses Plea Against DisinvestmentCase Title: Air India...

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court

The Supreme Court reiterated that excessive conditions cannot be imposed while granting bail/suspension of sentence.The conditions of bail cannot be so onerous that their existence itself tantamounts to refusal of bail, the bench of Justices Krishna Murari and V. Ramasubramanian observed while setting aside conditions imposed by Rajasthan High Court for suspension of sentence in a...

Claim Of Electricity Board Not Barred By Limitation Where Unauthorised Usage Is Continuous: Kerala High Court

The Kerala High Court recently observed that Electricity Board's claim for additional amount on the basis of alleged unauthorised usage of electricity is not barred by law of limitation when the violation is a continuous and recurring one. The Court observed that this is in addition to the factors provided under Section 126 (5) of the Electricity Act 2003.Justice Shaji P Chaly observed that, I...

Pay Hike For Judicial Officers : Supreme Court Agrees To Grant Extension For States Which Sought Time For Compliance

The Supreme Court of India on Wednesday heard a petition seeking implement of the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. At the...