Initiation of CIRP Not Mandatory For Maintainability Of An Application Against Personal Guarantors U/S 95, IBC: NCLT, Kochi

The NCLT, Kochi Bench comprising of Shyam Babu Gautam, Technical Member and Ashok Kumar Borah, Judicial Member in the case of E. Iqbal v. State Bank of India held that when an application for initiation of CIRP is pending before the NCLT, initiation of CIRP against the Corporate Debtor is not a prerequisite for maintainability of an application u/s 95, IBC filed for initiating IRP...

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court

The Delhi High Court has observed that mere vague belief that the accused may thwart the investigation cannot be a ground to prolong the incarceration of the accused.Justice Subramonium Prasad added that if there is no apprehension of interference in administration of justice in a criminal trial by an accused, then the Court should be circumspect while considering depriving the accused of...

Mutation Of A Property In The Revenue Records Does Not Create Or Extinguish Title Nor Its Presumptive Value On Title: Telangana High Court

The Court also held that when there are concurrent findings from both courts in a well-reasoned order, the second appeal is not maintainable without any substantial question of law.

Mumbai Sessions Court Stays Summons To WB CM Mamata Banerjee In Case Alleging Insult To National Anthem

The Sessions Court of Greater Bombay at Mumbai stayed the operation of a summons issued by the a Metropolitan Magistrate Court at Sewree against the Chief Minister of West Bengal Mamata Banerjee in a case of alleged disrespect and insult to the Indian National Anthem during an official visit to Mumbai in December 2021. On an application under Section 156(3) of the CrPC made...

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. The division bench of Justice Sheel Nagu and Justice D.D. Bansal was essentially dealing with a...

Delhi High Court Excludes Time Spent Prosecuting Tax Appeal Before An Authority Without Jurisdiction, Rules Revision Petition Not Time Barred

A Bench of Delhi High Court, consisting of Justices Manmohan and Navin Chawla, excluded the time spent in prosecuting a tax appeal before an authority devoid of jurisdiction in computing the limitation period for filing a revision petition under the Income Tax Act, 1961. The Assessee filed a writ petition before the Delhi High Court challenging the order passed by the Commissioner...

Clarification Issued By CBDT Cannot Introduce A Cut Off Date For Its Applicability: Rajasthan High Court

A Bench of Rajasthan High Court, consisting of Chief Justice Akil Kureshi and Justice Sudesh Bansal, held that since the primary intention of the Vivad Se Vishwas Act, 2020 was the resolution of disputed taxes, the courts must adopt an interpretation that furthers this intention and not restrict its scope. Also, the court ruled that a clarification issued by the Central Board of...

Delhi High Court Exempts Advocates From Wearing Gowns From March 2 Till Further Orders

The Delhi High Court has exempted the Lawyers from wearing Gowns practicing in the High Court with effect from March 2, 2022 till further orders. A notice in this regard was issued by the Registrar General of the High Court today.Wearing of Gowns by Advocates practicing in the Delhi High Court has been dispensed with, with effect from March 2, 2022 till...

Tweet Against HC Judge Hearing Hijab: Actor Chetan Granted Bail, Court Restrains Him From Posting Any Derogatory/Provocative Statements

A Magistrate court in Bengaluru on Friday granted bail to actor and activist Chetan Kumar A, arrested for retweeting an old tweet which he had posted nearly two years ago, criticizing an order passed by Justice Krishna S Dixit in an alleged rape case, who is now part of the full bench hearing a batch of petitions related to the Hijab ban. The court granted bail on execution of a...

"Offence of Money Laundering of Continuing Nature; Crime Has Traversed 20 Years," – Special Court In Nawab Malik's Remand Order

Observing that as per section 3 of the Prevention of Money Laundering Act, 2002, the offence of money laundering is "continuing in nature and it continues till such time a person [is] enjoying the proceeds of crime by its concealment or possession or acquisition or use of untainted property or use or projecting the same as untainted property" the special judge rejected the argument made...

"No Need To Extend Interim Orders": Allahabad High Court Closes Suo Moto Extension Of Interim Orders Plea

The Allahabad High Court has disposed of its plea concerning the suo moto petition registered for the extension of interim orders in all matters pending before it and subordinate Courts including interim bails. The Bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal ordered thus as it noted that the situation of the pandemic COVID- 19 has improved and now, normal functions...

Plea In Jharkhand High Court Challenges Its RTI Rules Asking Applicants To Provide 'Motive' Behind Seeking Info, Notice Issued

The Jharkhand High Court on Tuesday issued a notice on a writ petition challenging certain provisions of the High Court's Right to Information Rules as ultra vires the Central legislation.The matter was heard by a division bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad, which sought a response from the Registrar General of High Court, directing him to explain within two...