S.7(5)(b) IBC | Provision To Notify Financial Creditor Before Rejecting Claim Extends To Appeals Before NCLAT: Supreme Court

The Supreme Court has that provision of Section 7(5)(b) of the Insolvency and Bankruptcy Code, 2016, which requires the Adjudicating Authority to notify the Financial Creditor before rejection of a claim, would be applicable to appeals as well, since appeal is the continuation of original proceedings(Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited And Ors). A...

Two Judicial Officers Sworn In As Judges Of Orissa High Court

Two senior judicial officers were sworn-in as Judges of the Orissa High Court this afternoon after their warrants of appointment were issued by the President of India yesterday. Justice Gourishankar Satapathy, who was the 9th senior-most judicial officer of the State, joined the Odisha Superior Judicial Service in the year 2011. He held various positions in the cadre of District...

Revision Petition Filed Before High Court By Third Party / Defacto Complainant Maintainable : Supreme Court

The Supreme Court observed that a revision petition filed before a High Court by a third party/de facto complainant is maintainable.As the power of revision can be exercised by the High Court even suo moto, there can be no bar on a third party invoking the revisional jurisdiction and inviting the attention of the High Court that an occasion to exercise the power has arisen, the bench...

[Gutka Sahib Desecration Case] PH High Court Grants Bail To Lady Suffering From Schizophrenia, Bipolar Disorder

The Punjab and Haryana High Court on Monday granted bail to a lady, accused of tearing the pages of and dishonoring the holy text Gutka Sahib while taking into account the fact that she is ailing and suffering from Bipolar Disorder and Schizophrenia since 2017."In view of her mental condition, it would be a matter of adjudication during the trial as to whether she had the necessary mens rea...

Kerala HC Gants Pre-Arrest Bail To A Doctor Accused Of Posting Defamatory Articles Against Lakshadweep Administrative Officers

The Kerala High Court on Wednesday granted anticipatory bail to a senior doctor who has been accused of posting defamatory articles against officers of the Administration of Lakshadweep on Facebook.The bench of Justice Viju Abraham was essentially dealing with the pre-arrest bail plea of Dr. K P Hamsakoya, who is one of the seniormost doctors serving the Lakshadweep Administration and that he...

UPKSZP Act | Kshettra Panchayat's Elected Member Vacates Office When Resignation Notice Is Received In Panchayat Office: Allahabad HC

The Allahabad High Court has observed that under the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, an elected member of the Kshettra Panchayat shall be deemed to have vacated his office from the date on which notice of his resignation is received in the office of Kshetra Panchayat.The bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava further observed...

After Supreme Court's Advice, Patna High Court Drops Departmental Proceedings Against Judge

In line with the Supreme Court's recent suggestion, the Patna High Court yesterday recalled the suspension orders and dropped all departmental proceedings against Additional Sessions Judge Shashi Kant Rai. Judge Rai was earlier suspended by the High Court for deciding cases pertaining to The Prevention of Children against Sexual Offences Act, 2012 (POCSO cases) within days. To...

Provisions Of J&K Juvenile Justice Act 2013 Retrospective, Age Of Juvenility Is 18 Yrs & Not 16: High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the provisions of J&K Juvenile Justice Act 2013 are retrospective in nature and accordingly the age of juvenility has to be taken as 18 years and not 16 years, which was the age of juvenility under the Act of 1997, even though that was in force at the time of commission of the alleged occurrence. The...

S.7(i) Court Fees Act | Court Fee In Money Suits Is Payable According To Amount Claimed: Punjab & Haryana High Court

Punjab and Haryana High Court recently held that as per Section 7(i) of the Court Fees Act, 1870, where the suit is for money including suits for damages, compensation or arrears of maintenance, of annuities, or of other sums payable periodically, the Court fee is payable according to the amount claimed.Where the suit is for money including suits for damages or compensation or arrears...

NCTE Act | Deemed Recognition Is Without Any Limitation Or Time Bar When Conditions Are Satisfied: Gauhati High Court

A single judge bench of Justice Achintya Malla Bujor Barua of the Gauhati High Court held that under the National Council for Teacher Education Act, 1993, 'deemed recognition' is given to institutes if they satisfy three conditions, namely:(i) the institutes are funded by the Central Government or the State Government or the Union Territory; (ii) have offered a course of training in...

Appeal U/S 372 CrPC For Enhancement Of Punishment Not Maintainable: Allahabad High Court

The Allahabad High Court has reiterated that an appeal filed under Section 372 CrPC is not maintainable if it has been filed seeking enhancement of punishment awarded to the accused.It may be noted that Section 372 CrPC provides a right 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] to move an appeal on three grounds namely(i) When the accused person(s) have been acquitted;(ii)...

Suit For Possession | Weakness In Case Set-Up By Defendant Does Not Automatically Strengthen Plaintiff's Case In Absence Of Proof Of Title: P&H HC

The Punjab and Haryana High Court has held that in case the plaintiff in a suit for possession and mandatory injunction fails to satisfy the court regarding their right, title or interest in the suit land they cannot seek possession of the same or seek a mandatory injunction against the defendant-respondents qua the same.The bench comprising Justice Alka Sarin further added weakness in the...