Project Wise CIRP Of Real Estate Company Is Outside The Purview Of Insolvency And Bankruptcy Code, 2016: NCLT Chennai

The National Company Law Tribunal, Chennai Bench comprising of Justice S. Ramathilagam and Mr. Anil Kumar B (Technical Member) in the Case of N Kumar v. Tata Capital Housing Finance Ltd. held that the project wise Corporate Insolvency Resolution Process (CIRP) of a real estate company is outside the purview of Insolvency and Bankruptcy Code, 2016 (IBC/Code). Brief Facts CIRP...

Bar Council Of Tamil Nadu and Puducherry Bars Practice of 19 Advocates Pending Disciplinary Proceedings

The Bar Council Of Tamil Nadu and Puducherry, on 09.05.2022 has passed a prohibitory order against 19 lawyers from practicing as advocates in all Courts, Tribunals and other authorities in India either in their name or under any assumed name. The notification, issued by the Secretary of the Bar Council, was in light of the Disciplinary Proceedings pending against these advocates. These...

All High Courts Weekly Round-Up [May 2 - May 8, 2022]

ALLAHABAD HIGH COURT Dr. Ayub v. State of U.P. and Another 2022 LiveLaw (AB) 222 Sushil Kumar And 6 Others v. State of U.P. and Another 2022 LiveLaw (AB) 223 Suresh Yadav v. State Of U.P. Thru Addl.Chief Secy Deptt. Of Home 2022 LiveLaw (AB) 224 Jitendra Kumar v. Anil Kumar And Another 2022 LiveLaw (AB) 225 Sunil v. State of U.P. and Another 2022 LiveLaw (AB)...

Order Passed By Court Under Section 36 Of A&C Act Is An Interim Order, Can Be Modified On Grounds Of Financial Hardship: Calcutta High Court

The Calcutta High Court has ruled that financial hardship and financial indebtedness are sufficient grounds for modifying an order passed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act) to direct the award debtor to deposit the awarded amount by way of cash security. The Single Bench of Justice Ravi Krishan Kapur held that the security directed to be...

Rajasthan High Court Weekly Roundup: May 2 To May 8, 2022

Nominal Index Sudarshan Purohit v. The Hon'ble High Court For Judicature Of Rajasthan & Anr. 2022 LiveLaw (Raj) 154 Bharat Sharma v. State Of Rajasthan 2022 LiveLaw (Raj) 155 Prem Chand Deshantri v. Union of India 2022 LiveLaw (Raj) 156 Mahendra Yadav & Anr. v. Bhagwan Devi & Anr. 2022 LiveLaw (Raj) 157 Kumar Indu Bhushan v. Union Of India and Ors. 2022 LiveLaw...

'Wife's Patience Should Not Be Treated As Weakness/ Attempt To Create False Story': MP High Court Cancels Bail Of Husband Accused Of Unnatural Sex

The Madhya Pradesh High Court, Gwalior Bench recently set aside bail of a man, accused of committing unnatural sex with his wife. The Court observed that the ground taken by the lower court while granting anticipatory bail to the accused/husband that there was delay in disclosure of offence under Section 377 IPC on the part of the Applicant/wife was unwarranted and made in a casual manner...

"Sell Builder's Property In 15 Days If No Settlement With Buyer": Bombay High Court On Unexecuted MAHARera Orders

Cracking the whip against revenue authorities who failed to execute MahaRERA orders in favour of a flat purchaser, the Bombay High Court directed the attachment and sale of a builder's property within merely 15 days if settlement talks fail. A division bench of Justices SV Gangapurwala and MG Sewlikar said, "If within a period of two months settlement between Petitioner and...

Proceedings Against Personal Guarantor Of Corporate Debtor Can Be Continued Independently - Supreme Court Lifts The Stay

Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath vide its order dated 06.05.2021 in the case of Mahendra Kumar Jajodia versus State Bank of India, Civil Appeal No. 1871/2022) dismissed the civil appeal filed against the Judgement of National Company Law Appellate Tribunal (NCLAT) in the case of SBI versus Mahendra Kumar Jajodia. NCLAT held that even...

Cannot Turn Back On Obligations On Pretext Of Mistake: Calcutta HC Orders Payment Of Compensation For Mistakenly Increasing Intending Bid By 10 Times

The Calcutta High Court has recently observed that a person cannot turn back on his obligations on the pretext of an act mistakenly committed especially where the mistake has resulted in certain irreversible consequences or consequences which may be reversed but at substantial cost to the other party to the act.Justice Moushumi Bhattacharya was adjudicating upon an application filed by...

Bounden Duty Of Counsel To Ensure That Pleadings Filed Before Court Are Intelligible: Delhi High Court Expresses Word Of Caution

The Delhi High Court has observed that in cases where parties are represented by counsel, the said counsel have a bounden duty to ensure that pleadings, filed before a Court, are intelligible.Giving a word of caution, Justice C Hari Shankar expressed displeasure over filing of an application of the petitioner under Order VII Rule 14 of Code of Civil Procedure after opining that the same did...

Sample Analysis Report Of Central Insecticides Lab U/S 24(4) Of Insecticides Act Is 'Conclusive Evidence': Gujarat High Court

The Gujarat High Court has held that the sample analysis report received from the Central Insecticides Laboratory under Section 24(4) of the Insecticides Act, 1968 is a 'conclusive proof' of facts involved.Section 24(4) makes provision for a sampel to be sent for test or analysis to the Central Insecticides Laboratory, which shall file its report within 30 days, in writing, signed by or under...

'Such Interference Is Highly Inappropriate': MP High Court Quashes Transfer Order Of Bureaucrat Passed At 'Insistence' Of State Minister

The Madhya Pradesh High Court, recently set aside the transfer order of a bureaucrat who was being transferred at the 'insistence' of the State Minister of Urban Administration. The Court observed that although the elected representatives can always recommend the transfer of an employee, it ought to be done citing genuine and cogent reasons. It further noted that such interference by...