News Updates
NCLT Bengaluru Dismisses Insolvency Petition Against Café Coffee Day
The National Company Law Tribunal (NCLT) Bengaluru bench comprising of Ajay Kumar Vatsavayi ( Judicial Member) and Manoj Kumar Dubey ( Technical Member) has dismissed the insolvency petition filed against the parent company of Cafe Coffee Day namely Coffee Day Global Limited ("Coffee Day") by Cooperative Rabobank U.A. ("Rabobank"). Brief Factual Background Rabobank which is...
'Case Not Satisfy Requirements For Awarding Extreme Death Penalty', Rajasthan HC Commutes Capital Punishment of 4 Accused To Life Imprisonment
The Rajasthan High Court has commuted death penalty of four convicts accused of killing four persons and a minor over a land dispute. The court ordered that the capital punishment awarded to the accused appellants by the trial court is commuted to life imprisonment, which shall enure till the natural life of the accused appellants without any possibility of permanent...
No Liability To Deduct TDS On Payments Made By Lenskart To Facebook Ireland: ITAT Delhi
The Delhi Bench of ITAT, consisting of members N. K. Choudhry (Judicial Member) and Anil Chaturvedi (Accountant Member), has upheld the order passed by the CIT (A) deleting additions of over Rupees 67 Lakhs made to Lenskart's taxable income for non-deduction of TDS on marketing expenses paid by it to Facebook Ireland Inc. The Bench noted that the CIT (A) had concluded that that there...
UP Judge Who Had Lain Down Before A Bulldozer To 'Protect' His Land Suspended By Allahabad High Court
The Allahabad High Court has suspended the Additional District Judge I (ADJ), Sultanpur District Court Manoj Shukla. ADJ Shukla was recently in news for an act wherein he had lain down before a JCB/bulldozer last month in an attempt to protect his ancestral land in Basti district which was being taken over by the state government.ADJ Manoj Shukla is originally a resident of the Chhapia...
Absconder/ Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court Denies Relief To POCSO Accused
Denying anticipatory bail to a POCSO accused who allegedly raped a minor girl and her mother, the Allahabad High Court has observed that if anyone has been declared as an absconder/ proclaimed offender under Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.The Bench of Justice Saurabh Shyam Shamshery observed thus while relying upon the apex court's ruling in the case of...
Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court
Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceeding against the husband based on the couple's amicable settlement in the Family Court petition. The court noted that under Section 2 of the Muslim Personal Law (Shariat) Act 1937 all property, marriage, dissolution...
Twenty20 Worker's Murder: Kerala High Court Grants Bail To Four Accused
The Kerala High Court on Wednesday allowed the appeal moved by four CPM leaders accused in the murder of Twenty20 worker, C.K. Deepu, thereby granting them bail and setting them at liberty. Justice Kauser Edappagath released the accused citing that their further detention seemed unnecessary considering that they had no criminal antecedents and since they had not used any weapon. "Considering...
Pendency Of Execution Proceedings No Bar To Section 9 Petition: NCLAT
The NCLAT Principal bench comprising of Justice Ashok Bhushan and Dr Alok Srivastava held that the pendency of an execution petition does not bar the operational creditor from filing a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 Brief Factual Background The Operational Creditor Royal Resinex Pvt Ltd. ("Resinex") supplied poly propylene to the Corporate...
"NOC Given By Complainant & Fact That She Turned Hostile Does Not Waive Off Offence Alleged": Delhi High Court Refuses To Quash Rape FIR
The Delhi High Court has refused to quash an FIR registered with the allegations of rape, observing that the NOC given by the complainant and the fact that she had turned hostile does not waive off the offence as alleged by the her. Justice Rajnish Bhatnagar added that by simply entering into a compromise, charges cannot be said to have been mitigated or that the allegations leveled by...
Absence Of Arbitration Agreement Make Article 137 Of Limitation Act Inapplicable To Arbitration Under Bihar PWCD Arbitration Tribunal Act, 2008: SC
The Supreme Court has observed that A. 137 of the Limitation Act, 1963 would have no application in arbitration proceedings commenced under Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 (the 2008 Act) when there is no arbitration agreement between the parties. The Division Bench of Justice Abhay S. Oka and Justice Ajay Rastogi also observed that in absence of...
K-Rail SilverLine| Laying Of Survey Stones For SIA, Not Acquisition;Won't Affect Land Owner's Rights : Kerala High Court
The Kerala High Court on Wednesday remarked that it has inputs that assure that none of the properties marked by the survey stones in furtherance of the State's K-Rail Silver Line project will be subject to any restrictions whatsoever. When the counsel for the petitioner raised apprehension that the laying of survey stones will affect the landowners' rights, Justice Devan Ramachandran...