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...

Prior Approval Of Education Director Not Necessary For Disciplinary Action Against Employee Of Unaided Recognized Educational Institution: Rajasthan HC

The Rajasthan High Court has reiterated that prior approval of the Director of Education is not necessary before taking disciplinary action against an employee of Unaided Recognized Educational Institutions.In this regard, reliance was placed on the High Court's judgment in Central Academy Society Vs. Rajasthan Non-Govt. Educational Institutional Tribunal [2010(3) WLC 21] as well as the...

Genuine Transactions With Suppliers Whose GST Registration Cancelled: Calcutta High Court Allows GST ITC To Assessee

The Calcutta High Court bench of Justice Md. Nizamuddin has held that the Input Tax Credit (ITC) cannot be denied on genuine transactions with suppliers whose GST registration was cancelled after the transaction.The petitioners/assessee were aggrieved by the action of the department denying the benefit of the Input Tax Credit (ITC). The ITC was denied the purchase of the goods in...

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel

"There are moments in courts when heated exchanges do take place and though rare, it is not unheard of that either the member of the Bar or the Bench also in equal measure, unwarily transgresses the line or propriety unintentionally," the Madhya Pradesh High Court observed recently as it expunged its remarks made against a senior counsel last month.With this, the Bench of Justice Atul...

SLST Recruitment Scam: Calcutta HC Orders WBSSC To Publish Merit List With Marks Break-Up Within 10 Days, Stays Recruitment Process Till June 17

The Calcutta High Court on Thursday imposed a stay till June 17 the recruitment process of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the West Bengal State Level Selection Test (SLST). The West Bengal School Service Commission was further ordered to publish within 10 days the merit list of the State Level Selection Test, 2016 with clear break-up of...

Madhya Pradesh High Court Grants Bail To Man Accused Of Breaking Statue Of Babasaheb Bhimrao Ambedkar

The Madhya Pradesh High Court (Gwalior Bench) recently granted bail to a man who has been accused of breaking the statue of Baba Saheb Ambedkar and thereby hurting the sentiments of a certain community of people.The Bench of Justice Rohit Arya granted bail to Lallu @ Krishnabhhan booked for the offence punishable under Sections 295, 506, 34 of IPC and under Section 3(1)(T) of SC/ST (Prevention...

[AP Endowments Act] Consider Granting Exemption To Temples Having Less Than Rs. 5 Lakhs Annual Income: AP High Court To State

The Andhra Pradesh High Court has directed the State government to consider the grant of exemption to temples having an annual income of less than Rs.5 lakhs from the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 including the requirement to pay the mandatory contributions.The Bench of Justice R. Raghunandan Rao issued this order...

Orissa High Court Sets Aside Conviction Of Food Seller For Not Possessing 'Food Licence' In 28 Years Old Case

The Orissa High Court has acquitted a 'food seller' after 25 years of his conviction for not possessing 'food licence'. While setting aside his conviction, a Single Bench of Chief Justice Dr. S. Muralidhar also discharged his bail bonds. Facts of the Case: Mr. Chittaranjan Das (P.W.1), the then Food Inspector, Bolangir visited Agalpur on 26th May 1994 along with the Food Peon...

Uttarakhand High Court Stays Proposal To Cut 2,057 Trees To Widen Sahastradhara Road

A Division Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice R.C. Khulbe of Uttarakhand High Court has granted a stay on the proposed move to eliminate 2,057 trees for road-widening project in the Sahastradhara passage. A Public Interest Litigation (PIL) was filed by one Mr. Ashish Kumar Garg, an engineer by profession. The PIL is particularly concerned about...

Tombs, Cemetery Can't Be Constructed On Private Property Without License From District Collector: Kerala High Court

No burial ground shall be opened, public or private, without such licence.

Centre Notifies Appointment Of Sachin Singh Rajput As Additional Judge Of Chhattisgarh High Court

The Central Government today notified the appointment of Advocate Sachin Singh Rajput as an Additional Judge of the Chhattisgarh High Court, for a period of two years with effect from the date he assumes charge of his office.Union Law Minister Kiren Rijiju informed this via his twitter handle today afternoon."In exercise of the power conferred by clause (1) of Article 224 of the Constitution...