Gujarat High Court Weekly Round Up: June 13 - June 19, 2022

NOMINAL INDEX Iqbal Hasanali Syed Versus State Of Gujarat 2022 LiveLaw (Guj) 208 Soni Anilkumar Prahladbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 209 Sabirbhai Gafarbhai Multani Versus State Of Gujarat 2022 LiveLaw (Guj) 210 Hamidabanu Anawarbhai Multani & 2 Other(S) V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other(S) 2022 LiveLaw (Guj) 211 M/s MBR Flexibles Ltd....

Bulli Bai App Case : Mumbai Sessions Court Grants Bail To Neeraj Bishnoi, Alleged App Creator & 2 Others

A Sessions Court in Mumbai granted bail to three accused – Aumkareshwar Thakur, Neeraj Bishnoi and Neeraj Singh in the Bulli Bai App Case wherein several vocal Muslim women were being advertised for an online auction. Additional Sessions Judge AB Sharma granted bail in the case registered by Cyber Police Mumbai on execution of a personal bond of Rs. 50,000 and one or two sureties of the...

WB Assembly Passes Taxation Tribunal (Amendment) Bill; State Govt To Appoint Chairman & Judicial Members Instead Of Governor

The West Bengal Assembly on Monday passed the West Bengal Taxation Tribunal (Amendment) Bill, 2022 which seeks to replace the Governor with the State Government as the appointing authority of the Tribunal Chairman and judicial members in consultation with the Chief Justice of the Calcutta High Court.Henceforth, the technical member of the Tribunal will also be appointed by the State...

Report By A Surveyor Is An Important Piece Of Evidence And Has To Be Given Due Weightage; NCDRC

The bench of National Commission comprising C. Viswanath, Presiding Member has observed that, the report submitted by a surveyor is an important piece of evidence and has to be given due weight, though it is not sacrosanct and can be ignored, provided there is cogent evidence otherwise. In this case, the Appellant (Insured) is a proprietor of M/s Britolite Industries. He took...

Alarming No. Of Women Succumbing To Breast Cancer Due To Inability To Afford Treatment: Kerala HC Asks Centre To Consider Compulsory Licensing Of Drug Ribociclib

The Kerala High Court has directed the Department for Promotion of Industry and Internal Trade to consider compulsory licensing of Ribociclib, a life-saving breast cancer drug considering the alarming number of women who succumb to the disease merely because they could not afford treatment. Justice V.G. Arun found this issue to be demanding serious consideration at the hands of the...

Chairman Of WB Taxation Tribunal Notified, Appointment Of Technical Member Under Consideration By Governor: State Govt Tells Calcutta HC

The Calcutta High Court on Monday was apprised by the State government that the selection process for the appointment of a technical member to the West Bengal Taxation Tribunal has been completed and that the name of the appointee has been forwarded to the Governor for his consideration. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon...

Suit Against Raymond Ltd & Gautam Singhania : Bombay HC Allows Flatbuyers To Raise Plea That Building Constructed By Raymond Has No Occupancy Certificate

In a relief for flat purchasers of one of the two buildings constructed by Raymond Ltd in the 1960-70's, the Bombay High Court has upheld certain amendments in a suit filed against the company and its chairman Gautam Singhania. The amendments to the plaint pertain to Raymond's alleged failure to obtain an occupation certificate (OC) even after 50-years, non-execution of a conveyance...

Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court

The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies Act, 1956 overrides all the agreements between the affected parties, arbitral proceedings cannot be imposed by a Company on a Debenture Trustee by virtue of the said Scheme only, in the absence of an arbitration agreement between them. The Single Bench of Justice...

NCLT Mumbai Initiates Insolvency Proceedings Against Nirmal Lifestyle (Kalyan) Pvt. Ltd.

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Rajesh Sharma (Technical Member), while adjudicating an application in Srei Equipment Finance Ltd. v Nirmal Lifestyle (Kalyan) Pvt. Ltd., has initiated Corporate Insolvency Resolution Process ("CIRP") against Nirmal Lifestyle (Kalyan) Pvt. Ltd. ("Corporate Debtor")...

WB Post Poll Violence: Calcutta High Court Takes On Record Latest Status Reports Filed By CBI, SIT; Next Hearing On July 11

The Calcutta High Court on Tuesday took on record the latest status report filed by the Special Investigation Team (SIT) and the Central Bureau of Investigation (CBI) pertaining to the progress of the investigation with regards to the cases of violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19,...

Delhi High Court Appoints Ex-SC Judge Madan Lokur As Arbitrator In Dispute Between Construction Firm & DTTDC

The Delhi High Court has appointed former Supreme Court Judge, Justice Madan B. Lokur as sole arbitrator to adjudicate disputes between a partnership firm namely M/S K.B.G. Engineers and Delhi Tourism and Transportation Development Corporation Ltd (DTTDC) from five different tenders for construction and renovation work in relation to various projects. Justice Anup Jairam Bhambhani was of the...

Bombay High Court Directs Removal Of Pirated Links Of "Janhit Mein Jaari" Film Produced By Bhanushali Studios

The Bombay High Court has passed a John Doe order directing police assistance in removing all links or pirated copies of the movie "Janhit Mein Jaari" in a copyright Infringement case filed producers Bhanushali Studios Ltd. Justice Riyaz Chagla granted ad-interim relief against unknown parties last week for removing unauthorised online links and pirated copies of the film...