Corporate Debtor Cannot Be Sent Into Liquidation Just Because Liquidation Value Is More Than The Value Of The Resolution Plan: NCLT Kolkata

NCLT Kolkata Bench comprising Shri Rajasekhar V.K. (Judicial Member) and Shri Balraj Joshi (Technical Member), while deciding interim applications in the matter of Ramsarup Industries Ltd., has held that just because the liquidation value is being projected higher than the value of the resolution plan, the Corporate Debtor cannot be sent into liquidation for this reason alone. The object...

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. It clarified that the mandate under Section 154 for registration of FIR comes into picture when cognizable offence "has been committed".Justice Sreenivas Harish Kumar said, "It is not...

Bombay High Court Directs Competition Commission Of India Not To Take Coercive Action Against Disney, Star India And Asianet Star

The Bombay High Court on Wednesday protected three broadcasters and entertainment companies - Asianet Star Communications Pvt Ltd, Disney Broadcasting (India) Pvt Ltd and Star India Pvt Ltd. against coercive action from the Competition Commission of India (CCI) till the next date of hearing in June. The bench of Justice Gautam Patel and Madhav Jamdar said it was ordering no further...

'Denial To Prisoner To Perform Conjugal Relation For Progeny Would Adversely Affect Rights of His Wife', Rajasthan HC Grants 15 Days Parole To Life Convict

In a significant judgment, the division bench of Rajasthan High Court, Jodhpur observed that denial to the convict-prisoner to perform conjugal relationship with his wife more particularly for the purpose of progeny would adversely affect the rights of his wife. In this regard, the court granted 15 days parole to the life convict. The bench opined that Hindu philosophy also...

Patna High Court Formulates Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction

With the objective of ensuring a safe and conducive environment for recording the evidence of Vulnerable Witnesses, the Patna High Court has formulated and notified its Guidelines for Recording of Evidence of Vulnerable Witnesses.The guidelines have been notified in light of the directions issued by the Supreme Court of India in Smruti Tukaram Badade v. The State Of Maharashtra and Anr...

Litigant Filing A Case Is A Manifestation Of His Confidence In The Justice Delivery System: Kerala HC Asks Registry To Ensure Expeditious Curing Of Defects

The Kerala High Court on Thursday disposed of a contempt petition alleging that the Registry did not list a couple of petitions before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner.A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P reminded the Registry that the filing of a case by a...

'4.7 Lakh Aadhaar Cards Cancelled As Duplicate, No Assurance That Card Holders Are Indian Residents' : CAG's Audit Of UIDAI

The country's top auditor, the Comptroller and Auditor General (CAG) of India, has pulled up the Unique Identification Authority of India (UIDAI) over a range of issues related to the issuance of Aadhaar cards.The issues flagged by the CAG raise a cloud over the authenticity and uniqueness of Aadhaar cards and lend credence to the the concerns being raised by data privacy activists with...

BREAKING: Birbhum Massacre| Calcutta High Court Orders CBI To Probe Into Murder Of TMC Leader Bhadu Sheikh

The Calcutta High Court on Friday ordered the Central Bureau of Investigation (CBI) to investigate the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh that was followed by arson in Bogtui village, Rampurhat, Birbhum, that killed eight people, including two children.The Court had earlier transferred to the CBI the investigation into the incident of violence in...

Second Trial Not 'Double Jeopardy' If Offences Different, Though Arose Out Of Same Set Of Facts: Orissa High Court

The Orissa High Court has clarified that a second trial for offences, other than what was tried in the first trial, does not attract 'double jeopardy' only because both set of offences arose out of same set of facts.Justice Radha Krishna Pattanaik observed, "The expression 'same offence' appearing in Section 300 Cr.P.C. read with Article 20(2) of the Constitution of India means that...

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court

The Bombay High court on Thursday answered the question of whether the principle of relation back is applicable in case of a son adopted post the demise of the husband of the adopting lady in the negative. A single judge Justice Shrikant D. Kulkarni observed,"an adopted son may have rights in future in the property which the family may acquire after his adoption, with regard to...

Jharkhand HC Orders ₹50K Compensation For 'Innocent' Tribal Arrested By Police, Directs DGP To Prevent Harassment Of Innocents

The Jharkhand High Court on Wednesday directed the State's Director General of Police to take suitable steps to ensure that innocent persons, against whom there are no materials, are not harassed and their liberty is not infringed or curtailed at the whim of the investigating officers.This direction came from the Bench of Justice Ananda Sen while awarding a compensation of Rs. 50,000/- to...

Must Maintain Technological Integrity Of EVMs & VVPATs, Can't Share With State Election Commissions: ECI Opposes AAP's Plea In Delhi HC

The Election Commission of India (ECI) has opposed the plea filed by Aam Aadmi Party before the Delhi High Court, seeking directions on State Election Commission to conduct the upcoming MCD polls using EVMs (Electronic Voting Machine) with VVPAT (Voter-verified paper audit trail).It said that for maintaining the technological integrity of the EVMs and the VVPATs, it is unexceptionally...