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IBC Cases Weekly Round Up: July 10 To 17 July, 2022
Supreme Court NCLT Has Discretion To Not Admit Financial Creditor's CIRP Application Even If Corporate Debtor Is In Default:Supreme Court Case Title: Vidarbha Industries Power Ltd. vs Axis Bank Limited Case No.: 2022 LiveLaw (SC) 587, CA 4633 OF 2021 The Supreme Court Bench comprising of Justices Indira Banerjee and JK Maheshwari has observed that it is not mandatory for...
'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing
The Supreme Court, on Tuesday, refused to entertain pleas seeking the Court's indulgence in issuing directions to Rajasthan, Bihar and Madhya Pradesh High Courts to conduct their respective Judicial examinations in such a manner, that they do not coincide. One of the pleas sought quashing of notification issued by the Madhya Pradesh High Court scheduling the Online Preliminary...
Supreme Court Stays HC Direction That Delhi Private Schools Must Fill Up Backlog EWS Seats In Next 5 Yrs
The Supreme Court, on Tuesday, stayed the operation of the order of the Delhi High Court, which had asked Delhi Government to make every endeavour to ensure that private schools fill up the backlog of unfilled seats for Economic Weaker Section (EWS) category students in the next five years. Considering that the High Court had sought a compliance affidavit from the Government of NCT...
Delay In Lodging FIR Can't Be Taken Into Consideration While Dealing With Pre Arrest Bail Plea If Probe At Threshold: P&H High Court
The Punjab and Haryana High Court has observed that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.Observing thus, the Bench of Justice Rajesh Bhardwaj denied anticipatory bail to one Maninderpal Singh who has been booked under Sections 354, 354- A, 354-D and 452 of IPC for...
BREAKING| Supreme Court Protects Nupur Sharma From Coercive Action In All FIRs Over Remarks On Prophet Mohammed
In an interim relief to former BJP Spokesperson Nupur Sharma, the Supreme Court on Tuesday directed that no coercive steps be taken against her in the multiple FIRs registered in several states over her remarks on Prophet Mohammed during a television channel debate on May 26.The Court said that the same relief will cover any future FIR or complaint which may be registered or entertained...
Assam Rifles Rules | State Cannot Prematurely Retire Officers Without Following Due Procedure: Gauhati High Court
The Gauhati High Court has held that the State cannot prematurely retire members of the Assam Rifles Battalion citing 'low medical categorisation' without following the procedure laid down by the statute applicable to the organization.In the present case, the Petitioner had been retired by invoking Rule 48 (1) (b) of the Central Civil Service (Pension) Rules, 1972, whc provides for Retirement...
Pan-India Issue Does Not Mean High Courts Should Not Hear & Only Supreme Court Should Hear : SC In Agnipath Case
The Supreme Court on Tuesday refused to transfer to itself the petitions filed in various High Courts and instead transferred the petitions filed before it to the Delhi High Court, where similar matters are pending.A bench comprising Justices DY Chandrachud, Surya Kant and AS Bopanna also said that the High Courts considering similar petitions should either give an option to the petitioners...
Earlier Suit Dismissed On Technical Grounds Without Adjudication On Merits Would Not Operate As Res Judicata: Supreme Court
The Supreme Court observed that an earlier suit which was dismissed for technical reasons would not operate as Res Judicata.In this case, the Plaintiff temple filed a suit in 1981 for appointment of the receiver for preparing an inventory of the suit jewellery. This suit was not decided on merits but was dismissed on the ground that the plaintiff had prayed for mandatory injunction and had...
Date Of Retirement Cannot Be Changed At The Fag End Of Employee's Service That Too Without Notice: Telangana High Court
The Telangana High Court recently allowed the Writ Petition filed by an employee of the Telangana State Road Transport Corporation, challenging his 'premature' retirement and seeking reinstatement into service along with all consequential benefits.Justice P.Madhavi Devi observed that alteration of date of birth by employer in service records of the employee, when he is at verge of his...
S.420 IPC Not Attracted In Absence Of Specific Allegation That Dishonest/ Fraudulent Intention Existed Since Inception: Karnataka High Court
The Karnataka High Court has said that in order to constitute the offence of Cheating punishable under Section 420 of Indian Penal Code (IPC), there must be specific allegation that from inception, there must be a dishonest intention on the part of the accused to cheat the complainant. A single judge bench of Justice Hemant Chandangoudar made the observation while allowing a petition...
Employee Not Entitled To Seek Permanency Or Regularisation Of Service If Continued On Ad Hoc Basis For Decades: Delhi High Court
The Delhi High Court has reiterated that an employee will not be entitled to seek permanency or regularization of service even if he has continued on ad hoc basis for decades. "It is also settled law that even if a Scheme has been in operation for some decades or that the employee concerned has continued on ad hoc basis for decades, it would not entitle the employee to seek permanency...