Arbitrarily Rejection Of Resolution Plan Is Void , NCLT Allahabad Declares The COC's Action As Void

The National Company Law Tribunal ("NCLT"), Allahabad Bench, comprising of Shri Rajasekhar V.K. (Judicial Member) and Shri Virendra Kumar Gupta (Technical Member), while adjudicating an application filed in Exim Scrips Dealers Pvt. Ltd v Rathi Graphic Technologies Limited, has held that principles of natural justice are applicable to proceedings under the Insolvency and...

Madras High Court Deprecates Trend Of Implicating Advocates As Accused For Offences Alleged Against Their Clients

While quashing proceeding against an advocate for trespass, the Madras High Court observed that there is a recent trend where the advocates are implicated along with their clients for offences alleged to be committed by the clients with an object of achieving the intended result quickly. Such practice should be condemned and deprecated. Justice Murali Shankar of the Madurai...

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. Thus, the minor claimant has become functionally 100% disabled even when the...

Start-Ups Can't Seek Relaxation Of Tender Conditions As A Matter Of Right, Especially In Field Of Healthcare: Delhi High Court

The Delhi High Court has held that a Start-up company cannot claim relaxation in tender processes as a matter of right, especially in certain fields like health care that require past experience and other qualifications. While dismissing a writ petition filed by a start-up supplier against Delhi govt's Rajiv Gandhi Super Speciality Hospital, a division bench of Chief Justice SC Sharma...

Supreme Court Says Patna HC Exceeded Bail Jurisdiction By Directing Sahara Chief Subrata Roy To Return Investments

The Supreme Court, on Wednesday, took strong exception to interim orders passed by the Patna High Court in the anticipatory bail application filed by one Promod Kumar Saini wherein Sahara India Group Head, Subrata Roy, being a third party was summoned and asked for a plan to return investments. A Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala was perturbed that the...

[Order XVIII Rule 17 CPC] Recall Applications Can't Be Allowed Merely For Filling Lacuna In Cross-Examination: Delhi High Court

The Delhi High Court has held that recall applications under Order XVIII Rule 17 of CPC cannot be allowed merely for filling lacuna in cross-examination by engaging a new counsel. A single judge bench comprising of Justice C. Hari Shankar further held that the High Court's jurisdiction under Article 227 of the Indian Constitution was intended to be used sparingly for keeping subordinate...

Malegaon Blast Case : 218 Witnesses Yet To Be Examined, Says NIA; Bombay High Court Seeks Fortnightly Report On Progress Of Trial

The Bombay High Court on Wednesday asked the Special NIA Court to submit a fortnightly report on the progress of the trial in the Malegaon 2008 blast involving BJP MP Pragya Singh Thakur and Lt. Col. Prasad Purohit. A division bench of Justices Revati Mohite Dere and V G Bisht further asked the NIA to keep at least two witnesses present for examination each hearing and suggested bailable...

Madhya Pradesh High Court Monthly Digest: June 2022

NOMINAL INDEX Pramod Kumar Sethi S And Ors V Bank Of Baroda And Ors 2022 LiveLaw (MP) 154 Indore Wakf Mazaar Hazrat Nahar Shah Wali Sahab Wake Mauja Khajrana, District Indore v. The State Of Madhya Pradesh And Ors. 2022 LiveLaw (MP) 155 Seema Jatav v The State of Madhya Pradesh and Ors 2022 LiveLaw (MP) 156 Shobit Tripathi v. The State Of Madhya Pradesh 2022 LiveLaw...

State Not Obliged To Pay Salary To Teachers Whose Appointments Are Void Ab Initio: Kerala High Court

The Kerala High Court on Tuesday ruled that the State government is not obliged to pay salary to teachers who were appointed in violation of the Kerala Education Rules and the Kerala Education Act.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha held that if the appointment defies the law, it is the Manager who is responsible and the Government has no obligation to pay...

Plea In Supreme Court Challenges CVC Amendment Act Allowing 5 Year Term For ED Director, Questions Extension Of Present Director's Tenure

A writ petition has been filed in the Supreme Court challenging the Central Vigilance Commission (Amendment) Act 2021, which allows the extension of the term of the Director of the Enforcement of Directorate up to 5 years. The petition filed by Dr.Jaya Thakur, a leader of the Indian National Congress, also challenges the order issued by the Central Government on November 17, 2021 to extend...

False Promise Of Marriage Must Have Direct Nexus To Woman's Decision To Engage In Sexual Act To Attract Offence Of Rape: Karnataka High Court

The Karnataka High Court has observed that false promise of marriage must be of immediate relevance or bear a direct nexus to the woman's decision to engage in the sexual act, to attract an offence of rape. A single judge bench of Justice Hemant Chandangoudar made the observation while allowing a petition filed by on Shivu @ Shiv Kumar and quashing the case pending under...

"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband

"It needs no mention that institution of marriage is a pious institution with solemnity attached to it. Husband and wife both are expected to live together with sense of adjustment and co-existence. By virtue of marriage, two individuals after marriage acquire a recognized status. It is the duty of the couple to maintain that status with utmost sense of mutual trust and faith," observed...