NCLT Delhi Dismisses Insolvency Petition Against NBCC India Ltd., A Navratna Enterprise

The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Mr. Dharminder Singh (Judicial Member) and Ms. Sumita Purkaysatha (Technical Member), while adjudicating the matter of Biosafe Lab India Pvt. Ltd. v NBCC India Ltd., has dismissed an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC") seeking initiation of Corporate...

S. 321 CrPC | Public Prosecutor Has To Show How Public Interest Will Be Served By Withdrawing Prosecution: Sikkim High Court

The Sikkim High Court has recently held that the Public Prosecutor, who seeks to withdraw prosecution under Section 321 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has to show how the public interest will be served by withdrawing prosecution. The Court should be cautious while allowing such applications, if it is only for affecting the proper administration of justice and has...

"Vague Statements" : Madras High Court Dismisses PIL Seeking Directions To Not Demolish Temples Which Existed As On August 15, 1947

The Madras High Court rejected a writ petition seeking directions to the State Government not to demolish any temple which existed as on 15 August 1947. The petitioner had relied on the provisions of the Places of Worship (Special Provisions) Act, 1991 to state that the temples existing as on 15 August 1947 should not be demolished. However, the Court observed that the writ petition was...

Delhi High Court Weekly Round Up: May 23 To May 29, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 483 TO 2022 LiveLaw (Del) 512Case Title: CIT Versus Microsoft Corporation 2022 LiveLaw (Del) 483Case Title: Shri Sai Co-operative Thrift and Credit Society Ltd Versus ITO 2022 LiveLaw (Del) 484Case Title: M/S SRI SHYAM INCORPORATION & ANR. v. M/S SHREE BALAJI INDUSTRIES 2022 LiveLaw (Del) 485Title: INDIAN PROFESSIONAL NURSES THROUGH ITS...

Court Not Supposed To Force Parties To Engage In Mediation Where Marriage Has Irretrievably Broken Down: Allahabad High Court

The Allahabad High Court (Lucknow Bench) has observed that the Court is not supposed to act in a mechanical manner, and force the parties to engage in mediation where the marriage has irretrievably broken down.The Bench of Justice Rakesh Srivastava and Justice Ajai Kumar Srivastava-I further stressed that reference of the parties to mediation is not compulsorily required where the facts...

Don't Share Photocopies Of Aadhaar; Unlicensed Entities Like Hotels Can't Keep Aadhaar Cards : UIDAI

UPDATE : UIDAI has withdrawn this press release on May 29.The Unique Identification Authority of India (UIDAI) has warned the general public not to share photocopy of one's Aadhaar with any organizations because it can be misused. Alternatively, a masked Aadhaar which displays only the last 4 digits of your Aadhaar number can be used for the purpose. It can be downloaded from UIDAI...

Orissa High Court Notifies CPC (Odisha Amendment) Rules, 2022 As Introduced By Court Under Sections 122 R/W 127 CPC

The Orissa High Court, by using its power under Section 122 of the Code of Civil Procedure, 1908, had published the draft of the Code of Civil Procedure (Odisha Amendment) Rules, 2022, on 20th April 2022, after obtaining due approval from the State Government. Such publication invited objections and suggestions from all persons who were likely to be affected...

Tax Cases Weekly Round-Up: 22 May To 28 May 2022

Supreme Court Case Name: Union of India And Anr. v. M/s. Mohit Minerals Through Director Citation: 2022 LiveLaw (SC) 500 Separate IGST On Indian Importers For Ocean Freight Against Concept Of "Composite Supply", Violates Section 8 CGST Act : Supreme Court The Supreme Court has held when the Indian importer is liable to pay Integrated Goods and Services Tax (GST) on...

Undisputed Signatures On The Cheque In Itself Are Not Sufficient For Conviction Under Section 138 Of NI Act: Punjab And Haryana High Court

Punjab and Haryana High Court while dealing with an application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment acquitting respondent in Complaint Case of 2012, held that undisputed signatures of the respondent on the cheque in itself are not sufficient for conviction under Section 138 of the Act. The undisputed signatures of the respondent on the cheque...

Govt. Employee Has No Legal/Statutory Right To Insist For Being Posted At A Particular Place: Orissa High Court

The Orissa High Court has recently denied the prayer made by a government employee who insisted to get promoted to a post situated at a particular place. It held that no government employee has a legal or statutory right to claim a post of one particular place and thereby avoiding transfers. While, dismissing the writ petition, a Single Judge Bench of Justice Sanjeeb...

Gujarat HC Affirms Regularisation Of Sweeper Working Around 8 Hours A Day For Over 30 Years

Justice Biren Vaishnav of the Gujarat High Court has affirmed the order of the Industrial Tribunal which directed the Petitioner-State authorities to regularise the position of a sweeper who had been working for over four hours everyday for the past thirty years. The Tribunal had directed that the State also remit all the arrears from the date of reinstatement given the length...

Holding Hands Of A Child & Saying That They Are Beautiful Cannot Be Considered As A 'Sexual Assault' Under POCSO Act: Meghalaya HC

The Meghalaya High Court observed that the act of holding the hands of a child and saying that her hands are beautiful cannot be considered an act of sexual assault under POCSO Act.The accused, as per the prosecution case, after asking for a glass of water from the victim, and on the victim bringing the water to him, grabbed a nine year old girl's hand. In her statement under Section 164...