"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...

Directors & Other Persons Responsible For Conduct Of Business Can't Be Held Liable If No Offence Is Attributed To Company: Delhi High Court

The Delhi High Court has observed that if no offence is attributed to the company, it is but the natural corollary, that its Directors and other persons responsible for the conduct of its business cannot be saddled with any liability.Observing that the Company being arrayed as the accused must be found to have committed an offence, Justice Asha Menon added:"Thereafter, through the legal...

Weekly Round Up Of IBC Cases: 2nd May To 8th May 2022

Supreme Court Supreme Court Permits Withdrawal Of SLP Filed By Jayaswal Neco Industries Ltd. Against RBI , Imposing A Cost Of Rs - 10 Lakh Case title: Jayaswal Neco Industries Limited & Another v Reserve Bank of India & Ors. Case No.: Special Leave Petition (Civil) Nos.9286-9287 of 2018. The Supreme Court Bench comprising of Justice U.U. Lalit and Justice S....

Bombay High Court Weekly Round-Up: May 2 To May 8, 2022

Nominal Index Sanjeev Kumar Versus UOI 2022 LiveLaw (Bom) 170 Mohd. Luthpura Vajidali Shaikh vs State of Maharashtra 2022 LiveLaw (Bom) 171 Adv. Firoz Babulal Sayyed Vs. The Union of India & Anr. 2022 LiveLaw (Bom) 172 Dr P Varavara Rao & othrs vs State of Maharashtra and othrs 2022 LiveLaw (Bom) 173 Mubeen Kadar Shaikh Versus State of Maharashtra,...

Can Third Parties To An Arbitration Agreement Be Impleaded As Parties In Proceedings U/S 9 Arbitration Act?: Gujarat High Court Answers

"In the proceedings of section 11, a person who is not a party to the agreement, has no association in eye of law. On the same footing, a third party cannot be a party in the proceedings under section 9 of the Act for interim measures wherein by very nature of the proceedings, third party cannot be said to have a legal participatory right", the Gujarat High Court has recently observed....

Adopting Child Directly From Biological Parents Not An Offence U/S 80 Juvenile Justice Act: Karnataka High Court

The Karnataka High Court has said that in the absence of a declaration that a child is deserted by his biological or adoptive parents or guardians, filing of chargesheet under section 80 of the Juvenile Justice (Care And Protection Of Children) Act 2015, is without any substance.Section 80 provides punishment for adopting any orphan, abandoned or surrendered child without following...

Hanuman Chalisa Row: Special Court Issues Notice On Mumbai Police's Plea For Non-Bailable Warrants Against MP Navneet Rana, MLA Ravi Rana

The Special Court on Monday issued notice to MP Navneet Rana and MLA Ravi Rana on Mumbai police's plea seeking issuance of a non-bailable warrant against them for alleged breach of bail conditions. The two were booked on April 23 for the offence of sedition over their demand to forcefully chant the Hanuman Chalisa outside the Chief Minister's personal residence. They were granted bail...