No Provision To Punish Creditors Filing False Claims Under IBC: Delhi High Court Issues Notice To IBBI, MCA

The Delhi High Court has issued notice on a petition for framing of regulations under the Insolvency and Bankruptcy Code, 2016 for enforcing Section 15 thereof read with Regulation 6 of CIRP Regulations 2016, which states that "Submission of false or misleading proofs of claim shall attract penalties".The petition filed by Advocate Dr. Arun Mohan states that the Code does not provide...

Allahabad High Court Refuses To Entertain PIL Seeking Postponement Of UP Assembly Polls 2022 Amid COVID Surge

The Allahabad High Court today refused to entertain a Public Interest Litigation (PIL) plea filed in the Allahabad High Court seeking postponement of elections for the Uttar Pradesh Legislative Assembly (scheduled to be held in Feb-March 2022) in view of the COVID surge.The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari heard the case and after the arguments, the...

K-Rail SilverLine Project : Kerala High Court Asks State To Explain How It Prepared Detailed Project Report Without Physical Survey

The Kerala High Court on Thursday directed the State government to explain its actions taken in furtherance of its K-Rail Silver Line project and to justify the manner in which the survey is conducted by its instrumentalities. Upon being informed that a survey was being conducted before a Detailed Project Report (DPR) was drafted, Justice Devan Ramachandran found it imperative for the State...

Supreme Court Directs Maharashtra State Election Commission To Conduct General Election For Panchayat Samiti, Shrirampur Following 'Triple Test' For OBC Reservation

The Supreme Court today directed the State Election Commission, Maharashtra to ensure that the General Election to constitute Panchayat Samiti, Shrirampur is conducted in "right earnest" and strictly in accordance with the triple test laid down in Vikas Kishanrao Gavali v State of Maharashtra for ensuring that the newly elected body takes over at the same time on the expiry of the...

First Sentence In Delhi Riots Case: Man To Undergo 5 Yrs Imprisonment For Vandalism, Putting House On Fire

A Delhi Court on Thursday sentenced a man to 5 years in jail in a case concerning the North East Delhi riots case that rocked the national capital last year. (FIR No.141/2020 registered at Gokalpuri Police Station)Dinesh Yadav, first person to be convicted in a riots case, was convicted for being an active member of the riotous mob who took active participation in vandalizing and putting on...

Right To Health & Medical Care: Delhi High Court Directs AIIMS To Immediately Treat 4.5 Y/o Suffering From Life Threatening Rare Disease

Granting relief to the parents of a 4.5 years old minor girl suffering from a life threatening rare disease, the Delhi High Court has directed AIIMS to immediately provide her proper treatment, while the issue of necessary funds will be dealt with at a later stage.The child's father claims to be a daily wager, stating to have no source of income since lockdown. He has approached the High...

High Court Cannot Issue Direction To State To Form A New Policy: Supreme Court Reiterates

The Supreme Court recently reiterated that the High Court cannot issue direction to the State to form a new policy.The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was considering SLP assailing Punjab and Haryana High Court's order dated March 27, 2017 of rejecting the contempt petition filed by the petitioners for non compliance of the direction given on August...

Delhi High Court Disposes PIL Seeking Enforcement Of S.173 CrPC For Completing Probe In Rape Cases Within 2 Months

The Delhi High Court recently refused to entertain a PIL against alleged non-compliance of Section 173 of Code of Criminal Procedure, to the extent it provides for expeditious completion of investigation in rape cases.Section 173 was amended in 2008 to provide that investigation for the rape of child may be completed within 3 months from the date on which the information was recorded by...

Supreme Court Grants Interim Protection From Arrest To Mamata Banerjee's Polling Agent Sheikh Sufiyan In Murder Case

The Supreme Court of India on Thursday granted interim protection from arrest to TMC leader Sheikh Sufiyan accused in a murder case in the West Bengal post-poll violence case currently being probed by the Central Bureau of Investigation (CBI). Notably, Sufiyan was the polling agent of West Bengal Chief Minister Mamata Banerjee in Nandigram for the 2021 West Bengal Assembly elections.A...

Textual Interpretation Of Statute Should Match With Contextual Interpretation: Supreme Court

The Supreme Court observed that while interpreting the provisions of a statute, the textual interpretation should be matched with the contextual one.Statutes have to be construed so that every word has a place and everything is in its place, the bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed.The court observed thus while considering an appeal against a...

'No Reasonable Opportunity Of Being Heard': Plea In Andhra Pradesh HC Challenges Provisions Relating To Cancellation Of FCRA Certificate

A writ petition has been filed before the Andhra Pradesh High Court challenging the constitutional validity of certain provisions of the Foreign Contribution Regulation Act, pertaining to cancellation of FCRA certificate.The matter will be heard next month. Meanwhile, the High Court has sought for complete paper book of the related matters pending before the Supreme Court, to...

Extend FCRA License Of NGOs Till COVID Remains Notified As 'National Disaster': Plea In Supreme Court

The Supreme Court of India has agreed to hear on 24th January a writ petition filed challenging the decision of the Ministry of Home Affairs cancelling/refusing to renew the registration under the Foreign Contribution (Regulation) Act, 2010 of close to 6,000 non-governmental organisations.A Bench headed by Justice AM Khanwilkar on Thursday agreed to list the matter on Monday after it...