Section 141 NI Act - Not Necessary To Specifically Plead That Managing Director Is In Charge Of The Company's Affairs : Supreme Court

The Supreme Court observed that it is not necessary to make an averment that a Managing Director or Joint Managing Directors were in charge of and responsible for the conduct of the business of a company to make them accused under Section 141 of the Negotiable Instruments Act, 1881.The court reiterated that impleading of independent and non-executive directors of a Company on the basis of...

[Motor Accident Death] Parental Consortium Cannot Be Granted To A Claimant Who Is No More A "Child": Telangana High Court

The Telangana High Court recently disallowed compensation under the head of parental consortium to a 50 years old claimant in a Motor accident death case, stating that he was not a "child". Brief Facts of the Case The appeal was filed by the claimant for enhancement of compensation being aggrieved by the decree of the Motor Accident Claims Tribunal. The claim was made for...

Existence Of Contingent Contract U/S 31 Of Contract Act Is A Dispute To Be Referred To Arbitration: Telangana High Court

Recently, the Telangana High Court observed that existence of a "Contingent Contract" cannot be decided in the limited jurisdiction of Courts under Section 11 of Arbitration Act. Justice K. Lakshman, placing reliance on Supreme Court decision in Vidya Drolia v. Durga Trading Corporation (2021) observed that the scope of interference by the Courts under Section 11 of Arbitration...

Smriti Irani & Her Daughter Not Owners Of Goa Restaurant, No License Ever Issued In Their Favour: Delhi HC While Issuing Summons To Congress Leaders

The Delhi High Court has observed that there was no license ever issued in favour of Union Minister Smriti Irani or her daughter in connection with a restaurant named Silly Souls Cafe and Bar, located in Goa.Justice Mini Pushkarna made the observation while issuing summons to Congress leaders Jairam Ramesh, Pawan Khera and Netta D'Souza in civil defamation suit seeking damages of Rs. 2...

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court

The Madhya Pradesh High Court recently in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife. The bench comprising of Justice Nandita Dubey further noted that under such circumstances, the husband cannot be forced to...

Govind Pansare Murder: State Tells Bombay High Court It Has No Objection In Transferring Investigation To Maharashtra ATS

The Maharashtra Government informed the Bombay High Court that it has no-objection in transferring the murder investigation of slain communist leader Govind Pansare to the Maharashtra ATS from the state SIT. Special Public Prosecutor Ashok Mundargi said that if the victims and relatives are not satisfied with the investigation the State has no problem in transferring...

Disproportionate Assets Case: Delhi High Court Reserves Order On Ex-Haryana CM Om Prakash Chautala's Plea For Suspension Of Sentence

The Delhi High Court on Monday reserved order in the plea moved by Former Chief Minister of Haryana, Om Prakash Chautala, seeking suspension of sentence in connection with a disproportionate assets case.Chautala was convicted by city's Rouse Avenue Court on May 27 for the offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988. He was sentenced to 4 years imprisonment....

RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty

The Karnataka High Court recently observed that the Information Commission cannot let the undue delay caused by a Public Information Officer in furnishing information as sought for under the Right to Education Act, go unpunished.Leaving the culpable delay to go with impunity strikes at the root of law, a single judge bench of Justice Krishna S Dixit said.The court was hearing a writ...

Clause "Every Effort" To Arbitrate; Must Be Referred To Arbitration: Calcutta High Court

The Calcutta High Court has ruled that it is the intention of the parties that has to be deciphered while determining whether or not the parties must be referred to arbitration. The Single Bench of Justice Shekhar B. Saraf held that where the arbitration clause between the parties provided that "every effort" should be made by them to settle the dispute by arbitration, the term...

If The Imposition Of LD Was Contingent On Extension Of Time, Recovery Of LD Is Not Time Barred: Delhi High Court

The High Court of Delhi has held that the arbitrator cannot reject the claim of a party for refund of Liquidated Damages (LD) as barred by time if it was inextricably linked to the issue of Extension of Time (EOT) on which the decision of the competent authority was pending. The Bench of Justice Vibhu Bakhru held that the period of limitation for the purpose of refund of LD would...

Breaking | Shiv Sena MP Sanjay Raut Remanded To ED Custody In Patra Chawl Land Scam Case Till August 4

A Special ED Court in Mumbai has remanded Shiv Sena MP Sanjay Raut to custody of Enforcement Directorate till August 4.The agency arrested the parliamentarian on Sunday after searches for over nine hours at his Bhandup residence regarding redevelopment of a chawl project in a northern suburb of Mumbai. It had sought eight days custody.Special Judge MG Deshpande while partly allowing...

Threshold Limit Under Insolvency And Bankruptcy Code Will Also Include Interest: NCLAT

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Justice M Satyanarayana Murthy and Mr. Naresh Salecha held that minimum threshold mentioned under Section 4 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) can include both the principal amount and the interest. Brief Facts The Operational Creditor supplied various...