Personal Property of Guarantors Cannot Be Transferred During CIRP of Corporate Debtor: NCLAT

The National Company Law Appellate Tribunal has held that the personal property of the Guarantors could not be transferred in the Corporate Insolvency Resolution Process of the Corporate Debtor, even though, their properties were mortgaged with the Financial Creditors.Officiating Chairperson AIS Cheema and Technical Member Alok Srivastava held under Section 61(3) of IBC that the Resolution...

"Can't Silence Voice Of Dissent Through Administrative Arbitrariness": HP High Court Sets Aside Transfer Made On Politician's Note

Underscoring that the voice of dissent cannot be silenced through administrative arbitrariness, the Himachal Pradesh High Court recently set aside a transfer order passed on the recommendation of a Politician. The Bench of Justice Justice Tarlok Singh Chauhan and Justice Satyen Vaidya was hearing the plea of one Pradeep Kumar, presently working as senior assistant with the...

High Courts Weekly Roundup [September 6, 2021 To September 11, 2021]

Allahabad High Court "Natural Justice Principles Violated": Allahabad HC Quashes Govt Order Cancelling Retailer's License For Selling Beef, Hurting Sentiments (Ikrar Husain v. State of Uttar Pradesh and Ors.) The High Court quashed an order of a Food Safety Officer who canceled the retailer license of a man, named Ikrar Husain, obtained under the Food Safety and Standards Act,...

Has UP Govt Published Its Policy To Punish Erring Officials, Pay Compensation To Victims In Illegal Detention Cases?: Allahabad HC

The Allahabad High Court last week asked the Uttar Pradesh Government if it has published its policy of punishing erring officials and granting compensation to a citizen (25,000/-) in illegal detention cases, in compliance with the High Court's June 2021 order.The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agarwal has called for an affidavit from the UP government by...

Presumption U/S 139 of NI Act Unsustainable If Debt Transaction Not Disclosed In Income Tax Return: Telangana High Court

The Telangana High Court recently observed that presumption under Section 139 of the Negotiable Instruments Act is unsustainable if there is a failure to show the debt transaction in income tax return. Justice G Sri Devi remarked that the evidence placed on record by the complainant was not sufficient to prove the case against the accused beyond a reasonable doubt, thereby upholding the...

Capacity of Narco-Analysis Test Facility Inadequate To Meet Delhi's Needs, Enhance It To Ensure No Backlog For Tests: High Court To Delhi Govt

Observing that the capacity of Narco Analysis Test Facility is inadequate to meet the demands of national capital, the Delhi High Court has asked the Delhi Government to enhance the said capacity so as to ensure that there is no backlog.Justice Vipin Sanghi and Justice Jasmeet Singh directed the Delhi Government to file a status report before December 1, when the matter will be heard...

Prisoners Booked For Offences Like Dacoity, Robbery, Etc. Not Entitled To Benefit Of Interim Bail Under Delhi High Powered Committee Guidelines

The High Powered Committee of the Delhi High Court has resolved that the criteria laid down by it this year for granting interim bail to prisoners amid Covid-19 pandemic, does not extend to those who are booked for offences like dacoity, robbery, kidnapping for ransom etc. The development came pursuant to the High Court order seeking clarification if the benefit of High Powered...

Haryana State Legal Services Authority Organizes National Lok Adalat

On 11th September, 2021, Haryana State Legal Services Authority organized National Lok Adalat under the guidance of Mr. Justice Rajan Gupta, Judge, Punjab & Haryana High Court and Executive Chairman, Haryana State Legal Services Authority across the State of Haryana. The National Lok Adalat was organized in 22 District and 33 sub-divisions of Haryana and cases were settled...

Gang Rape Of 8 Year Old Girl: Madhya Pradesh High Court Upholds Death Sentence Awarded To Accused Duo

The Madhya Pradesh High Court upheld the death sentence awarded to two men accused of gang rape of an eight year old girl. The offence of gang rape in itself is a very heinous offence and to impose further condition of the victim being left in vegetative state for awarding death penalty would be asking for too much, the bench of Justices Vivek Rusia and Shailendra Shukla observed.The...

'Mere Indolence Of Bank Authorities Would Not Absolve Him Of Misdeeds': Delhi Court Denies Bail To Ambience Mall Owner In Money Laundering Case

A Delhi Court on Friday denied bail to Raj Singh Gehlot, owner of the Gurugram-based Ambience Mall in connection with a money laundering case for allegedly siphoning off the loan amount and diverting funds while entering into a criminal conspiracy.Additional Sessions Judge Dharmender Rana observed that mere indolence on the part of bank authorities will not absolve Gehlot of his...

Third National Lok Adalat: Over 15 Lakh Cases Settled In A Day

The Legal Services Authorities across the country, under the aegis of National Legal Services Authority (NALSA) and the leadership of Mr. Justice U.U. Lalit, Executive Chairman, NALSA, organized the third National Lok Adalat of 2021 in 33 States/UTs yesterday in virtual and hybrid mode. The schedule for conducting the next National Lok Adalat of this calendar year is in December 2021....

Student Expelled From Online Classes For Fee Default Scores 85% In Class 10; Moves Bombay HC Against School For Documents

A class 10 student from Maharashtra, who scored 85% through self-study, has approached the Bombay High Court alleging that her CBSE school refused to release her mark sheet and leaving certificate for non-payment of fees. The school barred the child from online classes in August last year after her father, a flautist at weddings, lost all means of income due to the...