Proceedings Against Personal Guarantor Of Corporate Debtor Can Be Continued Independently - Supreme Court Lifts The Stay

Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath vide its order dated 06.05.2021 in the case of Mahendra Kumar Jajodia versus State Bank of India, Civil Appeal No. 1871/2022) dismissed the civil appeal filed against the Judgement of National Company Law Appellate Tribunal (NCLAT) in the case of SBI versus Mahendra Kumar Jajodia. NCLAT held that even...

"Unfortunate" : Supreme Court Expresses Displeasure At Senior Advocate Mukul Rohatgi For Leaving Virtual Hearing Midway

The Supreme Court on Monday expressed displeasure at Senior Advocate Mukul Rohatgi leaving a virtual hearing in the middle of the arguments.Unhappy with the Senior Counsel's act of joining another court without seeking Court's leave, the bench of Justices MR Shah and BV Nagarathna in their order said, "After the submissions were completed by the learned counsel appearing on behalf of...

Cannot Turn Back On Obligations On Pretext Of Mistake: Calcutta HC Orders Payment Of Compensation For Mistakenly Increasing Intending Bid By 10 Times

The Calcutta High Court has recently observed that a person cannot turn back on his obligations on the pretext of an act mistakenly committed especially where the mistake has resulted in certain irreversible consequences or consequences which may be reversed but at substantial cost to the other party to the act.Justice Moushumi Bhattacharya was adjudicating upon an application filed by...

NEET PG 2021: Doctors Move Supreme Court Seeking Exit From Seats Joined After AIQ Round 2 Counseling Without Penalty

NEET PG Aspirants have approached Supreme Court seeking to exit from the seats already joined pursuant to the 2nd round of counseling in the All India Quota of the counseling process without paying the huge amount of penalty. The writ petition was listed before the bench of Justices LN Rao and BR Gavai but the bench on Monday directed the petitioners to mention the same before the...

Supreme Court Directs Haryana Civil Service (Judicial Branch) Mains Examination Be Held On 20, 21 And 22nd May

The Supreme Court, on Monday, directed that the Haryana Civil Service (Judicial Branch) Mains Examination, which was earlier stayed as it clashed with the schedule of the Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam -2021 to be held on 20, 21 and 22 May, 2022. "Counsels for the High Court as well PSC have obtained instruction and stated they...

Supreme Court Issues Notice On Meru Cab's Plea Alleging Anti-Competitive Practices By Ola

The Supreme Court, on Monday, issued notice in the appeal filed by Meru Cab assailing the order of the National Company Appellate Tribunal (NCLAT) refusing to set aside the order passed by the Competition Commission of India (CCI) exonerating Ola from allegations of abuse of dominant position. While issuing notice, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai took note of...

Bounden Duty Of Counsel To Ensure That Pleadings Filed Before Court Are Intelligible: Delhi High Court Expresses Word Of Caution

The Delhi High Court has observed that in cases where parties are represented by counsel, the said counsel have a bounden duty to ensure that pleadings, filed before a Court, are intelligible.Giving a word of caution, Justice C Hari Shankar expressed displeasure over filing of an application of the petitioner under Order VII Rule 14 of Code of Civil Procedure after opining that the same did...

Sample Analysis Report Of Central Insecticides Lab U/S 24(4) Of Insecticides Act Is 'Conclusive Evidence': Gujarat High Court

The Gujarat High Court has held that the sample analysis report received from the Central Insecticides Laboratory under Section 24(4) of the Insecticides Act, 1968 is a 'conclusive proof' of facts involved.Section 24(4) makes provision for a sampel to be sent for test or analysis to the Central Insecticides Laboratory, which shall file its report within 30 days, in writing, signed by or under...

'Such Interference Is Highly Inappropriate': MP High Court Quashes Transfer Order Of Bureaucrat Passed At 'Insistence' Of State Minister

The Madhya Pradesh High Court, recently set aside the transfer order of a bureaucrat who was being transferred at the 'insistence' of the State Minister of Urban Administration. The Court observed that although the elected representatives can always recommend the transfer of an employee, it ought to be done citing genuine and cogent reasons. It further noted that such interference by...

Directors & Other Persons Responsible For Conduct Of Business Can't Be Held Liable If No Offence Is Attributed To Company: Delhi High Court

The Delhi High Court has observed that if no offence is attributed to the company, it is but the natural corollary, that its Directors and other persons responsible for the conduct of its business cannot be saddled with any liability.Observing that the Company being arrayed as the accused must be found to have committed an offence, Justice Asha Menon added:"Thereafter, through the legal...

Bombay High Court Weekly Round-Up: May 2 To May 8, 2022

Nominal Index Sanjeev Kumar Versus UOI 2022 LiveLaw (Bom) 170 Mohd. Luthpura Vajidali Shaikh vs State of Maharashtra 2022 LiveLaw (Bom) 171 Adv. Firoz Babulal Sayyed Vs. The Union of India & Anr. 2022 LiveLaw (Bom) 172 Dr P Varavara Rao & othrs vs State of Maharashtra and othrs 2022 LiveLaw (Bom) 173 Mubeen Kadar Shaikh Versus State of Maharashtra,...

'Merit Can't Be Disregarded' : Supreme Court Dismisses Plea To Reduce NEET-SS 2021 Cut Off Percentile

The Supreme Court on Monday refused to interfere in a petition seeking lowering of cut off percentile for admission in NEET Super Speciality courses. Observing that if a considered decision is taken to not lower the percentile it cannot be faltered, the bench of Justices DY Chandrachud and Surya Kant in their order said, "Sufficiently candidates were available for undertaking...