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Interim Compensation Awarded U/S 143A Of NI Act Cannot Be Recovered From Estate Of Deceased Accused: Calcutta HC
The Calcutta High Court has recently held that an order of interim compensation awarded under Section 143A of the Negotiable Instruments Act, 1881 (Act) cannot be recovered from the estate of a deceased accused, who died before the conclusion of the trial.Justice Kausik Chanda observed that the order of interim compensation is dependent on the outcome of the trial and accordingly...
Insolvency Proceedings Initiated Against GVK Industries Ltd. At The Instance Of J&K Bank: NCLT, Hyderabad
The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Shri Bhaskara Pantula Mohan (Judicial Member) and Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating a petition under Section 7 of the Insolvency and Bankruptcy Act, 2016 ("IBC") filed in M/s Jammu and Kashmir Bank Ltd. v GVK Industries Ltd. has initiated Corporate Insolvency...
"Principles Of Natural Justice Affected": Madras High Court Sets Aside HR&CE Order Taking Over Ayodhya Mandapam
The Madras High Court on Wednesday set aside the order of Hindu Religious and Charitable Endowment (HR&CE) Department for taking over the administration of Ayodhya Mandapam and for appointing a "Fit Person" to look into the administration of the Samaj.The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy further set aside the order passed by the Single...
Aakar Patel Case: CBI Moves Delhi High Court Challenging Trial Court's Observations Regarding Circumstances When LOC May Be Issued
The Central Bureau of Investigation (CBI) has moved the Delhi High Court challenging the Trial Court order in connection with Aakar Patel case to the limited extent of legal observations made regarding issuance of Look out Circular (LOC).The matter will be heard on May 13, after Justice Talwant Singh, who was hearing the matter today, recused from the case.The matter will now be listed before...
Kalkaji Temple : Supreme Court Refuses To Stay Delhi HC Order Appointing Administrator; Directs Removal Of Encroachments From Mandir Premises
The Supreme Court on Wednesday issued notice on a Special Leave Petition filed against the slew of directions issued by the Delhi High Court regarding the administration and maintenance of Kalkaji Temple as also for resolution of disputes pertaining to the bari rights between baridaars to ensure smooth functioning of the temple. The bench of Justices DY Chandrachud and Bela M...
Territorial Jurisdiction Of NCLT Cannot Be Taken Away By Agreement Between The Parties: NCLAT
The National Company Law Appellate Tribunal (NCLAT) Principal bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Anil Kumar Malhotra v. M/s Mahindra & Mahindra Financial Services Ltd. held that the territorial jurisdiction of NCLT to decide case under Insolvency and Bankruptcy Code, 2016 cannot be taken away by the agreement between the...
'Will They Hang On Strings?': Delhi High Court Refuses To Entertain 'General PIL' For Removal Of Police Booths From Footpaths
The Delhi High Court on Tuesday refused to entertain a public interest litigation, seeking removal of police booths allegedly built on footpaths meant for public use. A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that it is open to the Petitioner to raise grievance against any particular booth which is causing obstruction to...
Prioritize Trial In Criminal Cases Against MPs/ MLAs: Delhi High Court Directs Special Courts, Appoints Amicus Curiae
The Delhi high Court recently directed the special courts in the city that are dealing with criminal cases against sitting MPs/MLAs to expedite trial. Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed: "Having considered the report, we direct the learned Special Courts and the learned ACMMs to give priority to the cases relating to the sitting and the former MPs/MLAs...
Micro Small & Medium Enterprises Development Act Is Not Applicable To Work Contracts Even With Elements Of Supply In It: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court allowed the writ petition to hold that the Micro Small and Medium Enterprises Development Act, 2006 (for short 'MSMED Act') was not applicable to the contract because contracts were work contracts with an element of supply and not mere supply and service contracts. Furthermore, it was held that facilitation council under the Act did not...
Chhattisgarh High Court Quashes 5 Year Ban Imposed By Pharmacy Council Of India On Opening Of New Pharmacy Colleges
The Chhattisgarh High Court last week quashed the 5-yr ban imposed by the Government of India (GOI) and Pharmacy Council of India (PCI) on the opening of new Pharmacy Colleges in the country for the next 5 years. The Judgment came in a Petition moved by a batch of colleges before the High Court, which was finally allowed by the Single Bench of Justice P. Sam Koshy which termed the ban in...
Liberty Of Accused Lost If Secured On Body Warrant, That Period Must Be Counted For Seeking Default Bail U/S 167(2) CrPC: Karnataka High Court
The Karnataka High Court has reiterated that even when the accused is secured on body warrant, the liberty of the said accused is lost and that period would come to the aid of the accused for seeking default or statutory bail under Section 167(2) of the CrPC. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Comanduru Parthasarathy and set aside the order...