Delhi High Court Weekly Round Up: May 9 To May 15, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 425 TO 2022 LiveLaw (Del) 449Case Title: BELA CREATION PVT LTD v. ANUJ TEXTILES 2022 LiveLaw (Del) 425 Case Title: Amit Gupta Vs Directorate General of GST Intelligence Headquarters 2022 LiveLaw (Del) 426 Title: NIKITA CHANDEL v. STATE OF NCT OF DELHI and other connected matters 2022 LiveLaw (Del) 427 Title: GEETA SINGH v. PRADEEP SINGH 2022...

Mere Pendency Of An Insolvency Petition Is Not A Bar To The Appointment Of The Arbitrator: Delhi High Court

The High Court of Delhi has held that the mere pendency of an insolvency petition under Section 9 of the IBC is not a bar to the appointment of an arbitrator. The Single Bench of Justice Sanjeev Sachdeva has held that merely because an insolvency petition is pending, it cannot be an embargo on the power of the Court to decide arbitration applications. It is only when...

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the...

Both Signature & Thumb Impression Are Not Mandatory For A Pro-Note Under Negotiable Instruments Act: Madras High Court

The Madras High Court bench of Justice Teeka Raman has held that it is not mandatory under the Negotiable Instruments Act 1881 to obtain both signature and thumb impression for a pro-note to be valid. The court also opined that when the defendant had not denied the execution of the pro-note, the lower appellate court could not raise suspicion with regard to the execution of the note merely...

Condonation Of Delay | S.5 Limitation Act Not Applicable To Proceedings U/S 34 Arbitration & Conciliation Act: Rajasthan High Court

The Rajasthan High Court has observed that the provision of Section 5 of the Indian Limitation Act does not apply to the proceedings contained under Section 34 of the Arbitration and Conciliation Act, 1996.Justice Anoop Kumar Dhand, while dismissing an appeal preferred by the State government observed,"In view of the discussions made above, this Court of the opinion that the application...

Record Disposals At 2nd National Lok Adalat Of 2022 Despite Scorching Summer In North India

The Second National Lok Adalat (NLA) for current calendar year was held on 14th May 2022 by NALSA in 24 States/UTs across the country, under the aegis of National Legal Services Authority (NALSA) in both physical and virtual or hybrid mode. Mr.Justice Uday Umesh Lalit, judge of the Supreme Court and the Executive Chairman, NALSA, inaugurated the National Lok Adalat in the District...

CP Sudhakara Prasad, Former Advocate General Of Kerala, Passes Away

C P Sudhakara Prasad(81), Senior Advocate and former Advocate General of Kerala, passed away. He served as the Advocate General of Kerala from 2006 to 2011 and 2016 to 2021. He was also the Chairman of the Kerala State Bar Council from 2016 to 2019....

Senior Advocate Yatin Oza Extends Apology To Justice RM Chhaya For Remarks Made Against Him

While congratulating Justice RM Chhaya over his proposed elevation as the Chief Justice of Gauhati High Court, Senior Advocate Yatin Oza, in a letter written to Justice Chhaya, has apologized for his 'remarks' made against him in June 2020.It may be noted that as of now, there has been no 'official' communication regarding the recommendation made by the Supreme Court Collegium to elevate...

Failure To Pay Consideration In 90 Days, NCLAT Delhi Cancels The Sale Of Corporate Debtor To The Auction Purchaser In Liquidation Proceedings.

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, New Delhi, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member) while adjudicating an appeal in Potens Transmissions & Power Pvt. Ltd v Gian Chand Narang, has upheld the cancellation of sale of Apex Buildsys Ltd. as a going concern to Potens Transmissions & Power Pvt....

"Accused Left Indelible Mark Of Devastation On 3 Yr Old Girl's Mind & Body": Madhya Pradesh High Court Upholds Life Sentence

The Madhya Pradesh High Court (Indore Bench) recently upheld the life sentence awarded to a man for raping a 3-year-old girl. The court noted that the accused had left an indelible mark of devastation on the mind and body of the victim.The Bench of Justice Satyendra Kumar Singh and Justice Subodh Abhyankar observed that in view of the rights and plight of the victim and her family members,...

Insolvency Cannot Be Initiated On The Basis Of Unpaid LTC And Leave Encashment Dues: NCLAT

National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Kishore K Lonkar versus Hindustan Antibiotics Ltd. held that the welfare claims such as Leave Encashment, superannuation dues are not operational debt for the purpose of initiation of Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor...

Party Failing To Raise The Issue Of Jurisdiction At Section 11 Notice Stage Or During The Arbitral Proceedings, Ground Not Available Under Section 34: Gujarat High Court

The Gujarat High Court has ruled that the issue of jurisdiction of the Arbitrator ought to be raised at the first available opportunity, i.e., when the notice under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) is served for appointment of Arbitrator. The Single Bench of Justice A.G. Uraizee rejected the contention that the issue of jurisdiction being a...