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Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide : Supreme Court
The Supreme Court observed that continuity of service can be directed in cases where the retrenchment was not bona fide.Armed Forces Ex Officers Multi Services Cooperative Society Ltd 'retrenched' the services of fifty-five employees, on the grounds that it had closed its business. Retrenchment compensation as per Section 25F of the Industrial Disputes Act, 1947, was also offered. Before...
Section 5 Limitation Act Application Not Required If Application Under Section 34 Of A&C Act Is Within Statutory Period: Orissa High Court
The Orissa High Court has ruled that there is no requirement under Section 34(3) of the Arbitration and Conciliation Act, 1996 (A&C Act) to file a separate application for condonation of delay in filing an application to set aside an arbitral award under Section 34 of the A&C Act, since the prescribed and the extended periods are both provided under Section 34 of the...
Reagitating The Issue Attained Finality, By NCLT And Supreme Court, Is Abuse of process : NCLAT, Principal Bench
The Principal Bench of the NCLAT consisting of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Barun Mitra (Technical Member) in the case of Vikas Dahiya (Ex-Director of Golden Tobacco Ltd.) Vs. Arrow Engineering Ltd. held that the doctrine of Res Judicata applies to proceedings under the IBC and challenge to the findings in incidental...
Sub Inspector Was Unaware Of 'Arnesh Kumar' Guidelines: Police Commissioner Submits Before Kerala High Court
An interesting development transpired in the Kerala High Court recently when a Commissioner of Police communicated in his statement to the Court that a Sub Inspector of Police was oblivious of the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar.A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen condemned the cavalier manner in which the...
GST Rates: 4 Myths Cleared
A lot of people are still not clear about GST rates on certain goods and services and there are a lot of myths that are doing the rounds. Here's a reality check for both GST rates on certain goods and services. Myth 1: GST charged on cash withdrawal from banks. Truth: No GST is levied when withdrawing cash from banks. In addition, there is no tax on customer cheques. The...
Whether The Power Railway Authorities To Evict An Unauthorised Occupant Of Property Owned By The Railways Is Unrestricted: Calcutta HC Refers To Larger Bench
In a writ petition challenging a General Notice for eviction of commercial plots over Kharagpore Division of the South Eastern Railway Justice Sabyasachi Bhattacharyya looks into the relation between the power railway authorities to evict an unauthorised occupant of property owned by the railways and its restriction, if exists any in Public Premises (Eviction of Unauthorised Occupants)...
NCLT Mumbai Declares Megi Agro Chem Insolvent, Reiterates OTS Proposal Amounts To Acknowledgement Of Debt
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Shri. H.V. Subba Rao (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating a petition filed in M/s. Pridhvi Asset Reconstruction and Securitisation Company Limited v M/s. Megi Agro Chem Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Megi Agro...
Unitech Case: Supreme Court Allows Preeti Chandra To Approach PMLA Court For Regular Bail After ED's Interrogation Is Over
In a plea filed by former Unitech promoter Sanjay Chandra's wife, Preeti Chandra seeking permission to approach the PMLA Court to seek regular bail, the Supreme Court, on Wednesday, granted her permission to approach the Sessions Court Patiala House (PMLA Court) after the Enforcement Directorate (ED) is done with its interrogation. On 08.08.2022, the PMLA Court had...
NCLAT Delhi Directs Tax Authorities To Withdraw Notices For Freezing Accounts Of Corporate Debtor
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Mr. Hemant Mehta v Asst. Commissioner of State Tax, has held that notices issued by the Tax Authorities to freeze the accounts the...
'FIRs On Sulli Deal Are Different As Victims Are Different' : Supreme Court Refuses To Stay Proceedings Against Alleged App Creator
The Supreme Court on Friday refused to stay the court proceedings in the multiple cases registered against Aumkareshwar Thakur, the alleged creator of the "Sulli Deals" apps which was used to do an online auction of several Muslim women.A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh issued notice to the Governents of Delhi, UP and Maharashtra on the writ petition filed by...
"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern
The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to "potentially interact with the accused person" but also be present in Court when the arguments regarding the offence are being taken up for hearing.Justice Jasmeet Singh was of the view that the psychological impact on a POCSO victim being present in Court is immensely grave as...