Upon 'Supersession' Of Directors Under RBI Act, They Are Not Entitled To Notice Of CoC Meeting: NCLAT

The NCLAT in a Bench comprising of Justice M. Venugopal (Judicial Member), Mr. V.P. Singh and Dr. Ashok Kumar Mishra (Technical Members) in Dheeraj Wadhawan v. The Administrator, Dewan Housing Finance Corporation Ltd. held that there exists a difference between 'supersession of Directors' under the RBI Act and 'suspension of Directors' under the IBC and that a 'Superseded director'...

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. The petition was filed under Article 227 of the Constitution of India challenging the order passed by the Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam for...

"Conduct Against Essence Of Womanhood, Designed To Disturb Communal Harmony": Delhi Court Denies Bail To Neeraj Bishnoi In Bulli Bai App Case

A Delhi Court this week denied bail to Neeraj Bishnoi, a 21 year old arrested from Assam in connection with Bulli Bai App case observing that his sardonic conduct of targeting women journalists of a particular community on a social platform is not only against the essence of womanhood but also an act designed to disturb the communal harmony. Additional Sessions Judge Dharmender Rana denied...

Rajasthan High Court Quashed Notices Issued by the Assessing Officers U/S 148 of the Income Tax Act, 1961 for Reopening Assessments for Various Assessment Years

Providing relief to a batch of petitioners, the division bench of Rajasthan High Court quashed notices issued by the Assessing Officers under section 148 of the Income Tax Act, 1961 (Act of 1961) for reopening assessments for various assessment years. The petitioners have also challenged portions of two notifications issued by CBDT clarifying that provisions of Sections 148, 149 and...

Delhi High Court Weekly Roundup: January 24 To January 30, 2022

IMPORTANT ORDERS/ JUDGMENTS THIS WEEK1. Family Courts Expected To Bring About Settlement, Endeavour Can't Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High CourtCase Title: COMMODORE PAVAN CHAUHAN v. ANUSHA CHAUHANCitation: 2022 LiveLaw (Del) 38The Delhi High Court has observed that the Family Courts are expected to function so as to bring about a settlement between the parties...

RSS's Defamation Case : Day To Day Trial To Commence Against Rahul Gandhi From Feb 5

The trial in the criminal defamation case filed against Congress leader Rahul Gandhi by an activist of the Rashtriya Swayamsevak Sangh will be heard every day starting February 5, a Thane court decided on Saturday.Civil court judge and judicial magistrate first class at Bhiwandi, JV Paliwal, passed the order.The court cited a recent order of the Supreme Court which called for a speedy disposal...

Advocates Nina Gupta And Somvir Singh Deswal Elected To The Supreme Court Gender Sensitization And Internal Complaints Committee

Advocate, Ms. Nina Gupta and Advocate, Mr. Somvir Singh Deswal have been elected to the Supreme Court Gender Sensitization and Internal Complaints Committee ("GSICC"), as per the results declared on Friday. Ms. Gupta, who is also a Member of the Executive Committee of the Supreme Court Bar Association, was elected with the highest number of votes (292), followed by Mr. Deswal with...

S 138 NI Act: Treat Service Of Summons In One Complaint As Deemed Service In All Complaints Arising Out Of Same Transaction – Bombay High Court Issues Guidelines

Pursuant to Supreme Court's directions issued last year regarding expeditious trials in cases filed under section 138 of the Negotiable Instruments Act related cheque bouncing cases, the Bombay High Court has issued a circular setting out the following guidelines: 1.Magistrates trying offences under the NI Act convert a complaint under section 138 of the NI Act from summary...

Rajasthan Judicial Services: High Court Dismisses Plea Challenging Answer Key Of 2021 Prelims Exam

The Rajasthan High Court has dismissed a plea challenging the final results of the Civil Judge Cadre of Rajasthan Judicial Services (Preliminary Examination). The exam was conducted on 28.11.2021 and the final result for the same was declared on 11.01.2022. The present plea was filed by one Ashwini Chaturvedi. She had challenged the administration's decision on the correct choice...

Written Complaint By Public Servant Mandatory For Taking Cognizance Of Offence U/S 188 IPC: Madras HC Quashes FIR Over Agitation To Shift TASMAC Shop

The Madurai Bench of Madras High Court has recently quashed an FIR registered against protesters who assembled before a TASMAC Shop in 2017 and demanded that it must be shifted for the sake of young generation.While quashing the FIR registered based on the complaint of Village Administrative Official and taken on the file of the Judicial Magistrate, Justice K. Murali Shankar observed that...

Delhi Court Issues Summons To Times Now In Defamation Suit By Popular Front Of India

A Delhi Court on Saturday issued summons in a civil defamation suit filed by Popular Front of India against Times Now news channel and others over publication of a news alleging that an office-bearer of PFI has been arrested by the Kerala Police in the alleged murder of a RSS worker S Sanjith.Civil Judge Chitranshi Arora has issued summons in the suit while posting the matter for further...

No Scope For Negotiation Once The CoC Has Approved The Resolution Plan: NCLAT In DHFL Case

The NCLAT in a Bench comprising of Justice M. Venugopal (Judicial Member), V.P. Singh (Technical Member) and Dr. Ashok Kumar Mishra (Technical Member) in the case of Union Bank of India on behalf of the Committee of Creditors of Dewan Housing Finance Corporation Limited. VS Mr. Kapil Wadhawan & Ors. set aside the order passed by the Adjudicating Authority which directed...