Look Back Period Under Section 46 Not Applicable To Section 66 Under Insolvency And Bankruptcy Code, 2016: NCLAT

National Company Law Appellate Tribunal (NCLAT) principal bench comprising of Justice Ashok Bhushan, Dr. Alok Srivastava, Ms. Shreesha Merla in the case of Aditya Kumar Tibrewal v. Om Prakash Pandey held that the look back period prescribed under Section 46 of Insolvency & Bankruptcy Code, 2016 (IBC/Code) does not apply to transactions under Section 66 of the...

Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court

The Karnataka High Court recently granted bail to one Saleem Khan, an alleged member of the Al-Hind Group which is allegedly reported to be involved in terrorist activities. A division bench of Justice B Veerappa and Justice S. Rachaiah said, "Mere attending meetings and becoming Member of Al-Hind Group, which is not a banned organization as contemplated under the Schedule of...

Denial Of Availment Of CENVAT Credit On Performa Invoices, Despite All Information, Is Absolutely Wrong: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Rachna Gupta (Judicial Member) held that the denial of availment of Cenvat Credit on performa invoices was absolutely wrong.The appellant/assessee is in the business of manufacturing zinc concentrate, lead concentrate, etc. and is also engaged in providing and receiving goods transport...

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that the initiation of an adjudication proceeding without the issuance of a show cause notice is void ab initio.The petitioner/assessee, a public limited company, is in the business of trading coal. For the purpose of trading in coal, the petitioner purchases coal primarily from...

Madras High Court Denies Anticipatory Bail To Tamil Actress Charged With Making Objectionable Remarks Against CM

The Madras High Court on Tuesday dismissed a plea for anticipatory bail filed by tamil actress Tamilselvi alias Meera Mithun, charged for making obscene and objectionable remarks against the Chief Minister MK Stalin in a whatsapp group chat with the makers of her upcoming film "Peiya Kaanom".The bench of Justice G Jayachandran further directed the police department to arrest the actress...

Pahadeshwar Mahadev Temple: Rajasthan High Court Directs SDO To Decide Representation Against Alleged Encroachment

The Rajasthan High Court has directed the Sub Division Officer concerned in the area to look into a representation to be made before it against alleged encroachment, unauthorized constructions demolition of structures at the Pahadeshwar Mahadev Temple in Barmer district.The division bench comprising Justice Vinod Kumar Bharwani and Justice Saneep Mehta observed that the petitioner has...

Integrated Medicinal System: Delhi HC Seeks Centre's Response On Plea For Providing Holistic Treatment Under Allopathy, Ayurveda, Homeopathy, Etc.

The Delhi High Court on Wednesday issued notice on a public interest litigation filed by Advocate Ashwini Upadhyay, seeking adoption of a "Holistic Integrated Medicinal System" in India. It is his case that rather than segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy in order to secure medical treatment, medical education and consequently medical...

'Functioning Impacted': Delhi HC Orders Appointment Of Full-Time Chairperson & CEO For National Trust Of Persons With Intellectual Disabilities

The Delhi High Court on Tuesday directed the Ministry of Social Justice & Empowerment to ensure appointment of full-time Chairperson and CEO to the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities. A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that vesting of the said...

High Court Directs Delhi Govt To Ensure Availability Of VC Links For Proceedings Before Quasi Judicial Authorities

The Delhi High Court has asked the Delhi government to ensure compliance with a order issued by its Labour Commissioner, requiring all Quasi Judicial Authorities to provide link for video conferencing in the cause list itself so that a party to the dispute may join the proceedings by Video Conferencing. Citing recent increase in Covid-19 cases, the GO requires all quasi-judicial authorities...

Ayodhya Mandapam Case: Madras High Court To Pronounce Order Today In Appeal Challenging Take Over By HR&CE Department

The Madras High Court bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy will today pass orders on an appeal preferred by Sri Ram Samaj, against the order of a single judge dismissing the writ petition filed in 2014 against the takeover of the Ayodhya Mandapam by the Hindu Religious and Charitable Endowments Department (HR&CE) and appointing a "Fit...

S.125 CrPC | Husband Having Sufficient Means Obligated To Maintain Wife & Children, Can't Shirk Away Familial Responsibility: Delhi High Court

The Delhi High Court has observed that Section 125 of Code of Criminal Procedure entails that if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities.Justice Subramonium Prasad also said that the provision was enacted to ensure that women and children are provided maintenance by the husband so as...

Rajasthan High Court Weekly Roundup: April 18 To April 24, 2022

Nominal Index Girdhari Singh Through His Father Kishor Singh v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 134 Haider Khan v. Union of India & Ors. 2022 LiveLaw (Raj) 135 Suresh Balkrishna Jajra Versus Union of India 2022 LiveLaw (Raj) 136 Ratna v. State of Rajasthan, Through PP 2022 LiveLaw (Raj) 137 Kalu Ram Jangid v. State Of Rajasthan 2022 LiveLaw...