Bank Of India Files Petition Under Section 7 Of IBC Against Future Retail Limited

The Bank of India has filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("IBC") before the National Company Law Tribunal ("NCLT"), Mumbai Bench, seeking initiation of Corporate Insolvency Resolution Process ("CIRP") against Future Retail Limited ("FRL"). The matter has not been listed yet for its first hearing. A Framework Agreement was entered into between...

Supreme Court Refuses To Stay NGT Order Against Establishment Of New Wood Based Industries In Uttar Pradesh

The Supreme Court refused to stay an order passed by National Green Tribunal which directed the State of Uttar Pradesh to not proceed with the proposal for establishment of new wood-based industries till an assessment of the actual availability of timber was done.Prima facie, we are in agreement with the Tribunal that data has to be collected by the State before permitting new...

Allahabad High Court Again Seeks UP DGP's Personal Affidavit To Curtail Cases Of Fake Lottery Offers, Phone Call Scams, Etc

The Allahabad High Court has once again sought the personal affidavit of the State's Director General of Police over curtailing the activities of cheats who constantly call up citizens with the fake offers of lotteries and prizes in order to rob them of their hard-earned money.The Bench of Justice J. J. Munir expressed its displeasure over an affidavit filed by the DGP pursuant to Court's...

'Seriousness & Severity Of Crime Would Remain Till Such Time The Accused Is Pronounced Not Guilty': Bombay HC While Rejecting Varavara Rao's Bail Plea

Refusing to grant permanent bail on medical grounds to Bhima Koregaon - Elgar Parishad accused poet Varavara Rao the Bombay High Court said that prima facie observations regarding "seriousness and severity" of the crime he is accused of would remain till he is pronounced "not guilty." Therefore, based on Rao's sound clinical summary dated December 15, 2021, and the allegations against...

Kerala High Court Permits Couple To Proceed With Non-Commercial Surrogacy

The Kerala High Court came to the rescue of a couple who had approached the Court with a plea seeking permission to a private hospital to facilitate non-commercial and altruistic surrogacy for them.Upon noticing that all necessary precautions were taken by all the concerned parties, Justice N. Nagaresh permitted the couple to proceed with surrogacy while clarifying that further directions are...

Invocation Of Writ Jurisdiction Against An Order Of Arbitral Tribunal Is Not Normally Permissible: Telangana High Court

The Telangana High Court has ruled that a writ petition under Article 226 of the Constitution of India cannot lie against an order passed by an Arbitral Tribunal in an application filed under Section 16 of the Arbitration and Conciliation Act, 1996 (A&C Act), challenging the jurisdiction of the Arbitral Tribunal, if the challenges raised by the party go into the merits of the...

Issue Whether Third Party Is Required To Be Impleaded In Proceedings Is For Arbitrator To Decide: Delhi High Court

The Delhi High Court has observed that the issue as to whether any third party is required to be impleaded in the proceedings is covered by the Doctrine of Competence-Competence and that it will be for the Arbitrator to decide the said issue.Justice Mukta Gupta observed thus:"Therefore, once a valid arbitration agreement exists between the parties, the issue whether the petitioner is entitled...

Can't Direct Govt To Declare Any Monument To Be Of National Importance: Allahabad High Court

The Allahabad High Court has observed that the Court can't issue a direction to the Government for the purpose of issuing a notification declaring any monument to be of national importance.The Bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal observed thus while dealing with a Public Interest Litigation (PIL) plea filed by one Mohd. Moin Quraishi seeking a direction to the...

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice

The Rajasthan High Court has issued notice to Centre on a plea challenging the constitutionality of Section 34 of the Rights of Persons with Disabilities Act, 2016 inasmuch as it does not provide benefit of reservation to the persons with disability of Haemophilia . Haemophilia is a rare bleeding disorder caused by congenital deficiency of certain clotting factors. The petitioner...

Routine Business Support Services Are Not Taxable As Fees For Technical Services: Delhi ITAT

The Delhi Bench of ITAT, consisting of members Astha Chandra (Judicial Member) and N.K. Billaiya (Accountant Member), has ruled that routine business support services are not taxable as fees for technical services (FTS) since they do not make any technology or skill available to the recipient of the services. The Bench held that when a tax rate is prescribed under the Double...

Need Of The Hour To Encourage Institutes With Necessary Infrastructure For Running Ayurvedic Medical Colleges: Delhi High Court

Noting that the country has been staunchly promoting the Ayurvedic system of medicine after the outbreak of the covid-19 pandemic, the Delhi High Court has said that it is the need of the hour to encourage institutes which possess the necessary infrastructure for running ayurvedic medical colleges, to contribute to the bigger goal of strengthening the infrastructure of this system of medicine...

"Approver Can't Be Kept In Jail Indefinitely": Jharkhand High Court Grants Bail To Man In Jail For 3 Yrs Exercising Powers U/S 482 CrPC

In a significant order, stressing that an approver cannot be allowed to remain in jail custody indefinitely, the Jharkhand High Court today ordered the release of an approver-petitioner, who has been in custody for more than three years, by exercising its power under Section 482 CrPC.The Bench of Justice Sanjay Kumar Dwivedi observed that in exceptional and reasonable cases, the High Court...