Appointment Of Resolution Professional: Rajasthan HC Issues Notice On Plea Challenging Constitutionality Of Sections 95, 97 & 99 Of IBC

The Rajasthan High Court has issued notice on a plea challenging the constitutionality of Sections 95, 97 and 99 of the Insolvency Bankruptcy Code, 2016. The division bench of Chief Justice Akil Kureshi and Justice Rameshwar Vyas observed, "Since the provisions of the law framed by the Parliament are under challenge, we therefore issue notice to the learned Additional...

Section 149 IPC- Essential Condition Of An Unlawful Assembly That Its Membership Must Be Five Or More: Supreme Court

The Supreme Court reiterated that it is an essential condition of an unlawful assembly that its membership must be five or more.Less than five persons can be charged under Section 149 only if the prosecution has a case that the persons before the Court and other numbering in all more than five composed an unlawful assembly, these others being persons not identified and un­armed, the...

Kerala High Court Directs Treasury To Hand Over KR Gouri's Savings To Her Niece

Coming to the rescue of K.R Gouri's niece, who was her caretaker till her death, the Kerala High Court ordered the Department of Treasuries to release her entire treasury savings amounting to over Rs 30 lakh.KR Gauri was the first women minister of Kerala.Justice N Nagaresh issued the order on a petition filed by Beenakumari, the daughter of Gouri's younger sister, challenging the...

'Google's Conditions On Digital News Publishers Prima Facie Unfair, Abuse Of Dominant Position' : CCI Orders Probe

On Friday, the Competition Commission of India directed a probe against Google with respect to allegations of abuse of dominant position raised by Digital News Publishers Association. The Association had filed information under Section 19(1)(a) of the Competition Act, 2002 ("Act") against Alphabet Inc., Google LLC, Google India Private Limited and Google Ireland Limited.Noting that...

All High Court 2021 Digests & Round-Up Reports In One Place

LiveLaw has published 22 annual round-up reports about High Court decisions and happenings in 2021. All those reports are compiled here for the benefit of readers. Annual Digests Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments] 100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law Calcutta High Court:...

Court Should Not Take On Record Comments Made During Mediation Or Settlement Proceedings : Supreme Court

The Supreme Court on Wednesday observed that taking on record the comments made during the course of mediation or settlement proceedings impedes conciliation and impinges on the principle of confidentiality.While disapproving the observations made in the order dated April 20, 2021 passed by the Orissa High Court, bench of Justices Sanjiv Khanna and Bela M Trivedi in its order said, "We...

'Working Together Is Not Encroaching Upon Other's Territory'; Union Law Minister Kiren Rijiju Speaks On Judiciary's Independence

While speaking at the 15th NUALS Convocation ceremony, Kiren Rijiju, Union Law Minister for Law and Justice, remarked that close coordination between judiciary and the other two organs of the state does not necessarily amount to encroachment upon each other's independence. "People may say that judiciary is independent. Legislature and Executive are also independent in India in their...

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a Hindu Father, from which he...

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It may be noted that Explanation to Order XLI Rule 17 CPC states...

Kerala High Court Weekly Roundup: January 3 To January 8, 2022

1. NEET PG: Kerala High Court Dismisses Plea Seeking To Quash State Circular Granting 27% Reservation To SEBCCase Title: Dr. Sreeparvathy & Ors. v Commissioner of Entrance Examinations & Anr. Citation: 2022 LiveLaw (Ker) 9The Court dismissed a plea moved by MBBS graduates challenging a circular issued by the State government increasing reservation for the socially and...

[Dowry Death] Presumption Under S.113B Of Evidence Act: Proximity Test Does Not Define Any Particular Time Period: Supreme Court

In the recent judgement, the Supreme Court through a three-judge bench comprising Chief Justice N.V. Ramana, Justices Surya Kant and Hima Kohli upheld an important position of law pertaining to Dowry Death and the presumption of guilt in cases relating to it. The ingredients of Section 304B of the Indian Penal Code and Section 113B of the Indian Evidence Act have been explained. The...

Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court

The Allahabad High Court recently observed that an offence under Section 506 IPC (Punishment for criminal intimidation), if committed in the State of Uttar Pradesh is a cognizable offence.To conclude thus, the Bench of Justice Subhash Vidyarthi referred to a notification published in the U.P. Gazette dated 31st July 1989, notifying the declaration made by the then Hon'ble Governor of UP that...