Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-55]

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Supreme Court Calls For Law To Clarify Validity Of 'Ipso Facto' Contractual Clauses In Relation To Insolvency

The Supreme Court has observed that lack of a legislative voice on the issue of validity/invalidity of ipso facto clauses relating to insolvency will lead to confusion and reduced commercial clarity.The bench comprising Justices DY Chandrachud and MR Shah observed thus while upholding the order of the National Company Law Tribunal which stayed the termination by the Gujarat Urja Vikas...

'Shameful, Disturbing': Jharkhand High Court Takes Suo Moto Cognizance Of Murder Of A Family As Part Of 'Witch-Hunt'

The Jharkhand High Court has taken suo moto cognizance of the 'disturbing' killings of five members of a family in the State, including a five years old child, allegedly as an outcome of a witch-hunt. At the outset, a Division Bench comprising of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan Prasad expressed displeasure at the fact that the evil of witchcraft still persists...

"Decision Will Be Taken In the Committee Meeting": Supreme Court Observes In PIL Seeking Hybrid Court Hearings Across The Country

Supreme Court has on Tuesday decided to keep pending a PIL filed seeking hybrid form of court hearings across the country. A three-judge Bench led by Chief Justice Bobde observed that a decision in this regard will be taken up in the Committee's meeting, hence the plea will be kept pending.During the hearing, the Bench observed that while the petitioner's motives were good, the Court...

West Bengal Assembly Polls- Supreme Court Dismisses Plea Challenging EC's Decision To Conduct Polls In Eight Phases

Supreme Court has dismissed plea by lawyer ML Sharma challenging the Election Commission's decision to conduct assembly elections over eight phases in West Bengal . The plea sought directions to the poll panel to stop it from conducting eight-phase elections.A three-judge Bench led by CJI Bobde has dismissed the plea stating that they have read the whole case but they don't agree with...

"Approach HC And Make Representation To Govt": SC Declines To Entertain PIL Seeking Enactment Of Uniform Act To Regulate Marine Fishing

Supreme Court has on Monday allowed withdrawal of PIL filed seeking directions for enactment of an uniform act to regulate the marine fishing for protection of rights and interest of traditional fishermen. A three- judge Bench led by CJI Bobde has granted the petitioners liberty to approach the Madras High Court and make representations to the Government in respect of the new policy namely,...

Temporary Employees Cannot Be Regularised In Violation Of Supreme Court Directives In Uma Devi Case : Kerala High Court

A directive by the Kerala High Court at the tail end of an appeal judgment from February this year has now created a furore in the state; the High Court has called upon the Chief Secretary to the Government of Kerala to issue instructions prohibiting regularisation of temporary employees in government organisations, institutions, departments and corporations. The Bench comprising...

Breaking: Delhi High Court Issues Notice On Plea Challenging Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021

The Delhi High Court on Tuesday issued notice on petition challenging Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, notified by the Centre on February 25, under the Information Technology Act to the extent it regulates digital news media.A division bench headed by Chief Justice DN Patel was hearing the petition filed by 'Foundation...

Breaking: Gujarat HC Proposes To Prohibit Social Exclusion Of Women Based On Their Menstrual Status At All Private And Public Places, Including Religious & Educational

The Gujarat High Court has proposed to prohibit the social exclusion of women on the basis of their menstrual status at all places, be it private or public, religious or educational.Underlining that all religions (excluding Sikhism) refer to menstruating woman as "ritually unclean", the Gujarat High Court recently proposed a set of guidelines that the State Government should follow to...

Anand Teltumbde Helped Brother To Expand Maoist Movements, NIA Alleges; Haven't Met Brother For 25 Years, Says Anand

The National Investigating Agency has said that former IIT professor and academic, Anand Teltumbde, an accused in the Bhima Koregaon-Elgaar Parishad case, inspired his brother, a wanted Maoist leader, to join the movement and shared "banned literature" from his international conferences with him. Even though the two brothers have led entirely separate lives, Teltumbde as a professor...

Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability

The Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the orders passed under Section 8 and 11 are brought on par as far as appealability is concerned.Section 8, which deals with the power of a court to refer parties to arbitration, was amended in 2015 to state that such reference should not be...

Zo Rooms Entitled to 7% Shareholding In $9 bln Valued-Oyo, Arbitral Tribunal Holds

An award by an arbitral tribunal in a tussle between Oravel Stays Pvt Ltd (Oyo) and start-up Zostel Hospitality Pvt Ltd (Zostel), holding that Zo Rooms is entitled to allotment of 7% shareholding in Oyo, could open the doors to what Zostel is touting as the "biggest exit in the Indian startup eco-system".The award was passed in a 3-year old arbitration dispute between the two hospitality...