Even Though Limitation Is Not Set Up As Defence, Tribunal Should Examine: NCLT Chennai

The National Company Law Tribunal (NCLT), Chennai Bench, comprising of Justice (Retd.) S. Ramathilagam (Judicial Member) and Shri Anil Kumar B (Technical Member), while adjudicating an application filed in Bank of Baroda v Rajiv Rai, has held that limitation applies to an application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 ("IBC") for initiating...

Information Memorandum Should Reflect Creditors Claim , If It Finds Place In Balance Sheet : NCLT Indore

The National Company Law Tribunal ("NCLT"), Indore Bench, comprising of Shri Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Bank of Baroda v Divya Jyoti Industries Ltd., has held that if a claim of a creditor appears in the audited balance sheet of the Corporate Debtor, then it is the duty of...

Tax Cases Weekly Round-Up: 3 July To 9 July, 2022

Delhi High Court Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court Case Title: Gulati Enterprises versus Central Board of Indirect Taxes and Customs & Ors. Citation: 2022 LiveLaw (Del) 604 The Delhi High Court has reiterated that a voluntary statement made before the revenue...

Karnataka High Court Weekly Roundup: July 4 - July 10 l, 2022

NOMINAL INDEXPRABHUNAIKA K.T v. STATE OF KARNATAKA, 2022 LiveLaw (Kar) 242CHURCH OF SOUTH INDIA TRUST ASSOCIATION v K.L.JAYAPRAKASH, 2022 LiveLaw (Kar) 243Irfan Pasha v. National Investigation Agency, 2022 LiveLaw (Kar) 244Commissioner of Central Tax Vs ABB Limited, 2022 LiveLaw (Kar) 245 Xiaomi Technology India Private Limited v. Union of India, 2022 LiveLaw (Kar) 246 SHABANNA TAJ v. STATE...

Orissa High Court Monthly Digest: June 2022 [Citations 94-107]

Nominal Index: Siba Prasanna Pathy v. State of Odisha & Ors., 2022 LiveLaw (Ori) 94 Pradip Kumar Sahoo v. Principal Secretary to Govt., School and Mass Education Deptt. & Ors., 2022 LiveLaw (Ori) 95 Mohammad Arif v. Enforcement Directorate, 2022 LiveLaw (Ori) 96 Bhuban Mohan Behera v. State of Odisha & Anr., 2022 LiveLaw (Ori) 97 Rajendra Mohanta v....

Kerala High Court Weekly Round Up: July 4 - July 10, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 320-339]1. Vasu Kallayi v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3202. Cheshire Tarzan v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3213. State of Kerala v. XXX 2022 LiveLaw (Ker) 3224. XXX v. State Of Kerala & Anr. 2022 LiveLaw (Ker) 3235. Sathy & Ors v. Dileep I.S & Ors. 2022 LiveLaw (Ker) 3246. Ansar Najeeb & Ors v....

Patents Act | Non-Consideration Of Grounds In Rejecting Pre-Grant Opposition Constitutes Violation Of Principles Of Natural Justice: Delhi High Court

In reference to the Patents Act, 1970, the Delhi High Court has held that non-consideration of grounds raised in a pre-grant opposition by the Deputy Controller of Patents and Designs, per se constitutes violation of principles of natural justice. The observation was made by a single judge bench of Justice Jyoti Singh, more particularly in reference to Section 3(d) of the Patents Act,...

"Conversion Therapy" For LGBTQ+ Persons Must Be Treated As Professional Misconduct: Madras High Court Directs National Medical Commission

While issuing a slew of directions for the upliftment of the LGBTQ+ community, the Madras High Court has directed the National Medical Commission to enlist "Conversion Therapy" as professional misconduct. This comes in continuation of the earlier directions issued by the court wherein the Commission was directed to ensure that the State Medical Councils shall notify conversion...

Suspension Period Cannot Be Treated 'Wholly Unjustified' In Case Of Partial Exoneration: Gujarat High Court

The Gujarat High Court has dismissed the petition filed by an employee seeking that his period of suspension be treated as 'regular' on the ground that the Petitioner had been charge-sheeted and was only partially exonerated from the charges against him. Justice Biren Vaishnav observed: "Only when an employee is partially exonerated, would the authority need to decide the...

Madras High Court Weekly Roundup: July 4 - July 10, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 281 To 2022 LiveLaw (Mad) 293 NOMINAL INDEX Sankar v. State, 2022 LiveLaw (Mad) 281 Dr G. Selvarajan v. Dr M.S Santhosh and Ors, 2022 LiveLaw (Mad) 282 M/s.Anantham Retail Private Limited Versus State Tax Officer, 2022 LiveLaw (Mad) 283 G.Francis Raja...

'Never In Past, Working Strength Of Judges In Bombay HC Has Fallen So Low' : Advocates Association Urges Law Minister To Fill Up Vacancies

The Advocates Association of Bombay High Court at Aurangabad has sought speedy appointments to the High Court in a letter addressed to the Union Law Minister, with an indirect warning of protests by lawyers if the government doesn't act at the earliest. "The litigants do not know what the exact problem is and who are responsible for inordinate delay in appointment of High Court...

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court

The Delhi High Court has observed that a plaint cannot be rejected under Order VII Rule 11 of the CPC on the basis that the quantum of damages claimed in it cannot be granted.Justice Amit Bansal observed that quantum of damages to be awarded to the plaintiff can only be decided after the trial. Therefore, a trial would be necessary and so, the plaint cannot be rejected on the basis that...