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...

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...