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NCLT Mumbai Initiates Insolvency Proceedings Against Future Retail Ltd., Rejects Amazon's Intervention Plea
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Bank of India v Future Retail Ltd., has initiated Corporate Insolvency Resolution Process ("CIRP") against Future Retail Ltd. and has appointed Mr. Vijay Kumar V Iyer as the Interim...
NCLT Not A Debt Collection Forum ; Operational Creditor's Application To Initiate CIRP Must Be Dismissed If The Debt Is Disputed: Supreme Court
The Supreme Court observed that application of the Operational Creditor for initiation of Corporate Insolvency Resolution Process (CIRP) must be dismissed, if the debt is disputed.It is not the object of the IBC that CIRP should be initiated to penalize solvent companies for non-payment of disputed dues claimed by an operational creditor, the bench of Justices Indira Banerjee and...
Failure Of Treatment Is Not Prima Facie A Ground For Medical Negligence; SCDRC Delhi
The bench of State Commission comprising Justice Sangita Dhingra Sehgal (President) and Sh. Rajan Sharma, Member has observed that, the hospital gave appropriate treatment to the patient free of cost, which includes daily dressing and medication even after her discharge from the hospital. Looking into the aforesaid events, it is clear that the hospital had exercised due care and caution...
Section 438 CrPC Nowhere Indicates That A Proclaimed Offender Is Barred To File Anticipatory Bail Plea: Allahabad High Court
Hinting that a proclaimed offender may also move an anticipatory bail plea, the Allahabad High Court has observed that Section 438 of CrPC doesn't say that a proclaimed offender would be barred to file such a plea.The bench of Justice Rajesh Singh Chauhan further observed that Section 82 CrPC (Proclamation for person absconding) neither creates any rider nor imposes any restrictions in...
Pre-Grant Opponent Cannot Be Kept In Dark About Developments In Examination Process Of Patent Application: Delhi High Court
The Delhi High Court has held that the proceedings in a pre-grant opposition and simultaneous examination of a patent application cannot result in a situation where the pre-grant opponent is kept in dark about the developments taking place in the examination process of a patent application.A single judge bench of Justice Pratibha Singh observed,"For example, when amendments are filed by...
S.245(2) CrPC | Magistrate's Power To Discharge Accused "At Any Previous Stage" Of Case Means Stage At Which Cognizance Is Taken By Court: Madras HC
While discussing the power of the court to discharge an accused under Section 245(2) of the CrPC, the Madras High Court recently observed that the words "at any previous stage" used in the provision would mean the stage from when the Magistrate takes cognizance of the case. The court thus set aside the order of discharge of Judicial Magistrate, Special Court Customs after observing that...
No Capital Gain Exemption On The Agriculture Land Purchased In The Name Of Assessee's Wife: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT)consisting of Saktijit Dey (Judicial Member) and B.R.R. Kumar (Accountant Member) has held that the agricultural land purchased by the assessee in the name of his wife is not eligible for deduction under section 54B of the Income Tax Act. The assessee filed a return declaring an income. The case was assessed by computing...
Mekedatu Dam Dispute Between TN & Karnataka : Supreme Court Seeks Presence Of Secretary Of Cauvery Water Management Authority On July 26
While hearing a plea filed by the State of Tamil Nadu seeking urgent directions to restrain the Cauvery Water Management Authority (CWMA) from deliberating the proposed construction of reservoir at Mekedatu across the inter-state river Cauvery by the State of Karnataka, the Supreme Court, on Wednesday, adjourned the matter till 26th July, 2022 asking the Secretary of the Cauvery...
S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. "The said provision is made for the immediate support that too financial in nature of a person so that he or she can survive", the court stated. Justice Vibha Kankanwadi was dealing with...
"No Sanction Under AFSPA Obtained" : Supreme Court Stays Criminal Proceedings Against Army Officers Accused Of Killing Civilians In Nagaland
The Supreme Court has stayed criminal proceedings against Indian Army Officers accused of killing civilians in Nagaland taking note of the fact that mandatory previous sanction as required under Section 6 of the Armed Forces (Special Powers) Act, 1958 has not been obtained.On December 4, 2021, they had allegedly fired at a pickup truck carrying eight miners in eastern Nagaland's Oting...
Completed Assessments Can Be Interfered With Only On The Basis Of Incriminating Material Unearthed During Course Of Search: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that completed assessments could be interfered with by the AO while making an assessment under section 153A only on the basis of some incriminating material unearthed during the course of search. If in relation to any assessment year, no incriminating material was found, no addition or disallowance could be made in...