Territorial Jurisdiction Of NCLT Cannot Be Taken Away By Agreement Between The Parties: NCLAT

The National Company Law Appellate Tribunal (NCLAT) Principal bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Anil Kumar Malhotra v. M/s Mahindra & Mahindra Financial Services Ltd. held that the territorial jurisdiction of NCLT to decide case under Insolvency and Bankruptcy Code, 2016 cannot be taken away by the agreement between the...

'Will They Hang On Strings?': Delhi High Court Refuses To Entertain 'General PIL' For Removal Of Police Booths From Footpaths

The Delhi High Court on Tuesday refused to entertain a public interest litigation, seeking removal of police booths allegedly built on footpaths meant for public use. A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that it is open to the Petitioner to raise grievance against any particular booth which is causing obstruction to...

Prioritize Trial In Criminal Cases Against MPs/ MLAs: Delhi High Court Directs Special Courts, Appoints Amicus Curiae

The Delhi high Court recently directed the special courts in the city that are dealing with criminal cases against sitting MPs/MLAs to expedite trial. Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed: "Having considered the report, we direct the learned Special Courts and the learned ACMMs to give priority to the cases relating to the sitting and the former MPs/MLAs...

Micro Small & Medium Enterprises Development Act Is Not Applicable To Work Contracts Even With Elements Of Supply In It: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court allowed the writ petition to hold that the Micro Small and Medium Enterprises Development Act, 2006 (for short 'MSMED Act') was not applicable to the contract because contracts were work contracts with an element of supply and not mere supply and service contracts. Furthermore, it was held that facilitation council under the Act did not...

Chhattisgarh High Court Quashes 5 Year Ban Imposed By Pharmacy Council Of India On Opening Of New Pharmacy Colleges

The Chhattisgarh High Court last week quashed the 5-yr ban imposed by the Government of India (GOI) and Pharmacy Council of India (PCI) on the opening of new Pharmacy Colleges in the country for the next 5 years. The Judgment came in a Petition moved by a batch of colleges before the High Court, which was finally allowed by the Single Bench of Justice P. Sam Koshy which termed the ban in...

Liberty Of Accused Lost If Secured On Body Warrant, That Period Must Be Counted For Seeking Default Bail U/S 167(2) CrPC: Karnataka High Court

The Karnataka High Court has reiterated that even when the accused is secured on body warrant, the liberty of the said accused is lost and that period would come to the aid of the accused for seeking default or statutory bail under Section 167(2) of the CrPC. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Comanduru Parthasarathy and set aside the order...

Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC: Allahabad High Court

The Allahabad High Court has observed that the provision of de novo trial is mandatory for the accused summoned under Section 319 Cr.P.C. The Bench of Justice Brij Raj Singh stressed that the accused brought under Section 319(1) Cr.P.C. has to be given a fair trial in view of Section 319 (4) (a) Cr.P.C. The facts in briefOne Raju Yadav was allegedly shot by accused persons, namely, Govind...

Parties Having Any Right, Title Or Interest In Disputed Property Are Necessary Parties For Granting/ Refusing Injunction: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition against the order of the Trial Court allowing respondent No.1 to be impleaded as a defendant under Order 1 Rule 10 CPC, held that parties having a right, title or interest in the disputed property are necessary parties. The Division Bench comprising Justice Meenakshi I. Mehta held that when the instant case is tested...

Parties Cannot Be Referred To Arbitration In Absence Of Privity Of Contract: Telangana High Court

The Telangana High Court has ruled that in the absence of a privity of contract parties cannot be referred to arbitration. The Single Bench of Justice Ujjal Bhuyan held that the word 'party' under the Arbitration and Conciliation Act, 1996 (A&C Act) has been given a definite meaning with respect to an arbitration agreement. The Court added that only the disputes between...

'Can't Be Kept In Limbo': High Court Asks Delhi Govt To Take A Definite Stand Over Regularization Of Colonies In Sainik Farms

The Delhi High Court on Wednesday expressed displeasure at the Delhi government for stalling the issue relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area, an affluent settlement alleged to be built on forest land.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked that when the government is willing...

Merely Because An Application Under Section 7 Of IBC Is Filed, It Is Not An Embargo On The Court Exercising Jurisdiction Under Section 11 Of The A&C Act: Bombay High Court

The High Court of Bombay has held that merely because an application under S.7 of IBC is filed before the adjudicating authority which is pending consideration does not oust the jurisdiction of the High Court to entertain an application filed under S. 11 of the A&C Act. The Single Bench of Justice G.S. Kulkarni has held that an application filed under S.7 of the IBC creates an...

Birth Certificate Issued By Municipal Authority Must Be Given Eminence If Not Shrouded By Suspicious Circumstances: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a revision petition against the Trial Court's order rejecting the petitioner's application for declaring him a juvenile, held that a birth certificate issued by the competent authority must be given eminence, but it should not be shrouded by suspicious circumstances. Even though there would be no dispute with respect to the proposition...