Interest Free Security Deposit Is An Operational Debt: NCLAT

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of comprising of Justice Ashok Bhushan, Dr. Alok Srivastava and Ms. Shreesha Merla in the case of Vibrus Homes Pvt. Ltd. versus Ashimara Housing Pvt. Ltd. held that an interest free security deposit towards advance license fee will qualifies as an operational debt under the Insolvency &...

Stray Dogs Menace: High Court Expands Scope Of PIL To Include Entire City Of Delhi

The Delhi High Court has expanded the scope of a public interest litigation filed in November 2018, seeking to address the menace created by stray dogs in the South Delhi Municipal Corporation area, to the entire national capital.The Petitioner, Conference For Human Rights (India), had sought implementation of the Prevention of Cruelty to Animals Act and the Animal Birth Control (Dogs)...

If Principles Of Natural Justice Are Violated, Writ Remedy Is Available Despite Statutory Appeal: Delhi High Court

The Delhi High Court has quashed an assessment order passed by the revenue department without issuing a prior show cause notice and draft assessment order to the assessee. The High Court has ruled that the assessment order was passed in violation of the principles of natural justice as well as the mandatory procedure prescribed under the "Faceless Assessment Scheme" under the Income...

CBIC Issues Revised Guidelines Of NRMC Or LRMC For Effective Implementation Of The Risk Management System In Customs And GST

The Central Board of Indirect Taxes and Customs (CBIC) has issued the revised guidelines for the National Risk Management Committee (NRMC) or Local Risk Management Committee (LRMC) for Customs and GST. The CBIC's Circulars dated 28.06.2007 and 24.11.2005 on the Risk Management System and Charter of Functions for the National Customs Targeting Centre (erstwhile Risk Management...

Interim Compensation Awarded U/S 143A Of NI Act Cannot Be Recovered From Estate Of Deceased Accused: Calcutta HC

The Calcutta High Court has recently held that an order of interim compensation awarded under Section 143A of the Negotiable Instruments Act, 1881 (Act) cannot be recovered from the estate of a deceased accused, who died before the conclusion of the trial.Justice Kausik Chanda observed that the order of interim compensation is dependent on the outcome of the trial and accordingly...

Insolvency Proceedings Initiated Against GVK Industries Ltd. At The Instance Of J&K Bank: NCLT, Hyderabad

The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Shri Bhaskara Pantula Mohan (Judicial Member) and Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating a petition under Section 7 of the Insolvency and Bankruptcy Act, 2016 ("IBC") filed in M/s Jammu and Kashmir Bank Ltd. v GVK Industries Ltd. has initiated Corporate Insolvency...

"Principles Of Natural Justice Affected": Madras High Court Sets Aside HR&CE Order Taking Over Ayodhya Mandapam

The Madras High Court on Wednesday set aside the order of Hindu Religious and Charitable Endowment (HR&CE) Department for taking over the administration of Ayodhya Mandapam and for appointing a "Fit Person" to look into the administration of the Samaj.The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy further set aside the order passed by the Single...

Aakar Patel Case: CBI Moves Delhi High Court Challenging Trial Court's Observations Regarding Circumstances When LOC May Be Issued

The Central Bureau of Investigation (CBI) has moved the Delhi High Court challenging the Trial Court order in connection with Aakar Patel case to the limited extent of legal observations made regarding issuance of Look out Circular (LOC).The matter will be heard on May 13, after Justice Talwant Singh, who was hearing the matter today, recused from the case.The matter will now be listed before...

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...