Madras High Court Weekly Round-Up: February 7, 2022 To February 13, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Concerted Efforts By State Departments Necessary To Restore Temple Properties & Recover Monetary Loss: Madras High CourtCase Title: A. Radhakrishnan v. Secretary to Government & Ors.Citation: 2022 LiveLaw (Mad) 49Shocked with the allegations about illegalities and frauds related to temple...

Mediation Order And Dishonoured Cheque Does Not Imply Extension Of Limitation U/S 9, IBC: NCLAT, Delhi

The NCLAT, Delhi in a Bench comprising of Justice Ashok Bhushan (Chairperson), Dr. Ashok Kumar Mishra and Dr. Alok Srivastava (Technical Members) in the case of Ravi Iron Ltd. v. Jia Lal Kishori Lal & Ors. held that an order of mediation along with dishonoured cheques does not imply an extension of limitation for the purposes of Section 9 of the Insolvency and Bankruptcy...

NCDRC Directs Builder To Compensate Homebuyers For Delay In Refund Of Refundable Maintenance Deposit

The Bench comprising Justice SM Kantikar and Justice Binoy Kumar at the National Consumer Disputes Redressal Commission has ordered a refund of the refundable maintenance along with delay compensation @6% for the Flat Owners of Mantri Residency from Builders' agencies."...we are of the considered view that the Complainants are not only entitled for the refund of their refundable deposit...

Depletion Of Sex Ratio Resulting Into More And More 'Exchange Marriages': Gujarat High Court

The Gujarat High Court has observed that the depletion of the sex ratio in the State of Gujarat is resulting in more and more cases of exchange marriages. It may be noted that it is a form of marriage involving an arranged and reciprocal exchange of spouses between two groups.The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt observed thus while hearing a case while uniting a...

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC

In a significant order, the Chhattisgarh High Court has observed that if a wife leaves her matrimonial home due to the fact that her husband keeps another lady (concubine), and inflicts physical and mental torture upon her (wife), then it cannot be presumed as desertion on the part of the wife.With this observation, the Bench of Justice Goutam Bhaduri and Justice Rajani Dubey dismissed the...

Karnataka High Court Weekly Roundup: February 7 To February 13, 2022

1: Sex CD Scandal: Karnataka HC Quashes Proceedings Initiated Against Bengaluru Police Commissioner Kamal Pant For Delay In Registering FIR Case Title: Kamal Pant v. State of Karnataka Case No: Writ Petition No.21264 OF 2021 Citation: 2022 LiveLaw (Kar) 39 The Karnataka High Court recently quashed the proceedings initiated against Bengaluru Police Commissioner Kamal Pant and two...

Calcutta High Court Weekly Round Up: February 7 To February 12, 2022

Judgments/Orders of the Week 1. 'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity SupplyCase Title: West Bengal State Electricity Distribution Company Limited v. Sukanta Kumar Singha and AnrCase Citation: 2022 LiveLaw (Cal) 30The Calcutta High Court has directed the West Bengal...

Condition To Surrender Property Free Of Cost For Road Widening To Sanction Building Plan Violates Article 300A: Karnataka HC Quashes BBMP Circular

The Karnataka High Court has quashed the circular issued by the Bruhat Bengaluru Mahanagara Palike (BBMP), dated 29.2.2016 by which it directed property owners to relinquish the properties earmarked for road widening in the master plan, free of cost as a condition precedent for processing their applications for sanctioning of building plans. A single judge bench of Justice...

Kerala High Court Weekly Round Up: February 7 To February 12, 2022

Judgments This Week:1. Delay Fatal Only If Parties Attempt To Obtain Any Unfair Advantage : Kerala High CourtCase Title: State of Kerala v. Sunil N.S. @ Pulsar Suni & Ors.Citation: 2022 LiveLaw (Ker) 63The Court ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair benefit or if any prejudice will be caused to...

Delhi High Court Appoints Justice Gita Mittal As Chairperson Of Committee Of Administrators To Run Table Tennis Federation Of India

The Delhi High Court has appointed Justice Gita Mittal, former Chief Justice of Jammu and Kashmir High Court as Chairperson of the Committee of Administrators to conduct the affairs of the Table Tennis Federation of India. Justice Rekha Palli appointed a three member committee of administrators on Friday this week, thereby suspending the operation of it's Executive Committee after observing...

Taxation Relaxation Act Doesn't Sanction Applying Repealed Provisions : Madras HC Sets Aside Reassessment Notices U/S 148 Of Old Income Tax Act

The Madras High Court has recently set aside a number of reassessment notices issued under the 1961 Income Tax Act by iterating that the Taxation Relaxation Act, 2020 only extends the period of limitation and not the application of repealed provisions in light of the amended provisions effective from 1st April, 2021.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice...

'Co-Operative Society' Is Not A 'Corporate Person' Under IBC To Which The Code Applies: NCLT Mumbai

NCLT, Mumbai in a Bench comprising of Mr. Rajesh Sharma (Technical Member) and Mr. H.V. Subba Rao (Judicial Member) in the case of The Solapur Dist. Central Co – Operative Bank Limited v. Sangola Taluka Sahakari Sakhar Karkhana Limited dismissed an application filed u/s 7 of the Insolvency and Bankruptcy Code, 2016 against Sangola Taluka Sahakari Sakhar Karkhana Limited/Corporate Debtor...