Insolvency Law in Review – September 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this gap by providing brief summaries of latest decisions from the various fora dealing with Insolvency Law. These...

"Couldn't Keep Up The Hope & Trust Of Supreme Court": Madras High Court Apologises To Supreme Court For Delay In Deciding A Case

The Madras High Court this week apologized to the Supreme Court for taking more than six years to decide a writ plea filed by an Indian Police Service (IPS) officer, who has been accused of extorting Rs 3 crore from a woman involved in an economic offence.Observing that the High Court had not kept up the hope and trust of the Supreme Court in deciding the case expeditiously, the Bench of...

Capturing & Posting Injured Turbanless Man's Image Online Would Amount To Hurting Religious Sentiments: P&H High Court

Stressing that turban is an essential religious symbol, the Punjab and Haryana High Court has recently observed that photographing an elderly person in an injured condition without the turban and uploading it for public viewing on a social platform would prima facie amount to hurting the religious feelings.This assertion came from the bench of Justice Anupinder Singh Grewal while dealing with...

Can Covid Parole Leave Period Be Considered To Calculate Convict's Actual Period Of Sentence?: Supreme Court Asks Maharashtra Govt To Decide

The Supreme Court of India has granted liberty to the State of Maharashtra to take a policy decision as to whether or not the Covid Leave period of parole of a convict can be considered for calculating his period of actual sentence.The State has also been asked to decide whether such a decision is to be applied to all the prisoners or some exceptions are required to be made.A Bench comprising...

'Reinstatement' Of Workman Can Be Done Only To Original Place Of Employment, Transfer Not Legally Sustainable: Madras High Court

The Madras High Court has reiterated the principle that a reinstatement order won't be valid if the employee is not reinstated back to his original place of employment."Reinstating the workman by transferring him to some other place, other than his original place of employment, is an illegal action," said Justice M.S. Ramesh.The observation was made while disposing off a plea seeking last...

'Reason For Police Indiscipline Inherent In Its Colonial Origin' : Interview With Justice Chandru, Who Inspired 'Jai Bhim' Movie

"I strongly feel that leaders like Ambedkar were not exposed enough to the public and more particularly to the students. It is a pity that in law colleges they don't even give Ambedkar writings as a reading material even during pre-law days".

Special Court Sends Maharashtra's Former Home Minister Anil Deshmukh To 14 Days Judicial Custody; Son Approaches Court For Anticipatory Bail

A special holiday court on Tuesday refused Maharashtra's former Home Minister Anil Deshmukh's further custody to the Enforcement Directorate in a money laundering case. The court remanded Deshmukh to 14 days judicial custody instead. Meanwhile, Deshmukh's son Hrishikesh has approached the Sessions Court seeking anticipatory bail in the same case. His application is kept for hearing...

Navjot Singh Sidhu Is Obstructing Functioning Of The Office Of The Advocate General: Punjab AG APS Deol

The Advocate General for the state of Punjab, APS Deol today issued a press statement saying that Congress leader Navjot Singh Sidhu is obstructing the functioning of the office of the Advocate General.In the press statement, Sidhu has been accused of trying to derail the 'earnest efforts' of the State Government to ensure justice in the "Drugs matter" and the "Sacrilege Cases". AG Deol has...

No Statutory Power To Waive Interest Under Employees' State Insurance Act: Supreme Court

The Supreme Court of India has held that there is no statutory power to waive the interest payable by an employer under the Employees' State Insurance Act, 1948. It also refused to exercise powers under Article 142 of the Constitution to do the same.This is not a fit case to exercise the power under Article 142 of the Constitution of India, the Court said.A Division Bench comprising Justice...

Extortion Case: Mumbai Court Extends Sachin Waze's Police Custody Till Nov 13

A holiday court at Mumbai, extended dismissed policeman Sachin Waze's remand in Mumbai police's custody till November 13, in connection with an extortion case against him, former Mumbai Police Commissioner Param Bir Singh and others. Chief Metropolitan Magistrate AA Ghaniwale extended his remand after Waze's counsel Rounak Naik did not oppose the prayer for further custody. Naik...

Police Officers Not Empowered To Seize Vehicles On Ground That Driver Was Intoxicated: Telangana High Court

The Telangana High Court has observed that the police officers have no power to detain or seize vehicles on the ground that the person driving was found in an intoxicated condition. Justice K Lakshman was dealing with a bunch of pleas concerning the power of Police Officers to seize the vehicle from its driver or rider, who remains in an intoxicated condition.Interpreting various...

Bombay HC Berates State Over Its Probe Failure To Secure Man's Presence Despite Wife's 13-Yr Long Fight, Orders 50K Compensation

Dealing with a Habeas corpus plea filed by a woman seeking the presence of her husband for the last 13 years, the Bombay High Court recently granted 50,000/- compensation to her noting that the state machinery had failed to trace her husband.The Bench of Justice V. K. Jadhav and Justice Shrikant D. Kulkarni noted that it was very saddening that despite pursuing the litigation for the last...