President Promulgates IBC Amendment Ordinance To Allow Pre-Packaged Insolvency Process For MSMEs

The Central Government has promulgated Insolvency and Bankruptcy Code(Amendment) Ordinance 2021 to allow pre-packaged insolvency resolution process for corporate debtors classified as micro, small or medium enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.The Ordinance amends the Insolvency and Bankruptcy Code 2016 to allow the Central Government to notify...

Preventive Detention -MP High Court Directs Govt. To Issue Guidelines To Strictly Adhere To The Provisions Of National Security Act

Highlighting that in many cases, on account of procedural lapses in following due process of law under the NSA, the orders of preventive detention (passed on justified grounds) suffer annulment, the Madhya Pradesh High Court issues a slew of directions for the State Government. The Bench of Justice Sheel Nagu and Justice Anand Pathak was hearing the plea filed assailing the order...

Peon Served For 20 Yrs On Temporary Basis Despite Clear Vacancy- "It Amounts To Employee's Exploitation": Orissa High Court

The Orissa High Court last week expressed its displeasure with the state government for employing a person (as a Night Watcher-cum-Peon) on a temporary basis for 20 years despite there being a clear vacancy against the post. Hearing the plea of one Jambeswar Sahoo who worked for 20 years-long as an ad hoc employee, the Bench of Justice Biswanath Rath observed, "The matter of taking...

[Second Covid Wave] Madhya Pradesh High Court Issues Additional SOP For Hybrid System Of Hearings In View Of Covid 19 Surge In State

The Madhya Pradesh High Court has issued an additional SOPs for the functioning at Principal Seat at Jabalpur and other Benches at Indore and Gwalior as well as in District Courts in view of the increase in Covid-19 cases and prevalent pandemic situation in the State. The said additional SOP will be in addition to the earlier SOPs other relevant circulars issued on the hybrid system till...

"Absolutely Vague In It's Contents": Uttarakhand HC Questions Affidavit Showing Incomplete Details Of Prison Conditions, Asks For More Detailed Affidavit

The Uttarakhand High Court on Wednesday called the contents as "absolutely vague" of the affidavit filed by Inspector General of Prisons in a plea seeking reformation and resurrection of entire prison system in the State of Uttarakhand. The PIL was filed by the petitioners raising the issue of failure on the part of State to enact any policy or rules with regards to premature...

Hathras- UP Police Files Chargesheet Against Journalist Siddique Kappan And Seven Others Under UAPA

Eight people linked to Popular Front of India, including its students' wing leader K A Rauf Sherif and Kerala journalist Siddique Kappan, were charge-sheeted on Saturday by Uttar Pradesh police's Special Task Force in a court here for sedition, criminal conspiracy, funding of terror activities and other offences.Five of the accused -- Campus Front of India's (CFI) national general...

High Courts Weekly Roundup [March 29 - April 4, 2021]

Allahabad High Court 1. Delay- "Rip Van Winkles Have a Place in Literature, But Not in Law": Allahabad High Court [Ganga Sahay & Ors. v. Deputy Director of Consolidation & Ors.] A Single Bench comprising of Justice Ajay Bhanot observed that the rule of delay and laches, as a policy of litigative repose, creates certainty in legal relations and curtails fruitless...

Association Of Judges Writes To SC & Gujarat HC For Postponement Of 'Suitability Test' For Judicial Officers For Promotion To District Judiciary Cadre

The Association for Judges have addressed a letter to the Supreme Court of India and the Gujarat High Court, seeking to postpone the 'Suitability Test' for Judicial officers in the State, who are being considered for promotion to the District Judge Cadre, in view of the Covid-19 pandemic. Significantly, the test is scheduled to be conducted tomorrow, i.e., April 4, at Ahmedabad....

Deliberate Scripting Of Events: Kerala High Court Acquits Accused In Nilambur Congress Party Officer Murder

The Kerala High Court acquitted the accused in Nilambur Congress Office Murder case.The lingering doubts that pervades every aspect of the evidence led, persuades us to give the accused the benefit of doubt and acquit them of the charges levelled against them, the division bench comprising Justices K. Vinod Chandran and MR Anitha observed.The deceased, who was working as a Sweeper, was...

"Not A Case Of Forceful Sexual Assault":Delhi HC Grants Anticipatory Bail To Doctor Accused Of Raping Woman On Pretext Of False Promise Of Marriage

The Delhi High Court has recently granted anticipatory bail to a Delhi based Doctor accused of raping a woman on the pretext of false promise of marriage, after observing that there was "no forceful sexual assault" done in the case. The Court furthermore observed that there was nothing on record to indicate that he promised to marry her and therefore the question of whether such consent by...

'Such Tactics Need To Be Nipped In The Bud': Gujarat HC Criticizes Police For Misusing PASA Act To Settle Personal Disputes Between Parties

The Gujarat High Court recently took note of the rampant misuse of the Gujarat Prevention of Antisocial Activities Act, 1985 (PASA Act) by the Police authorities to settle scores between private parties. While dealing with an application filed by the Petitioner apprehending his detention under PASA Act in connection to the offence of kidnapping/ extortion, a Single Bench of Justice...

"Central Armed Forces Will Be Deployed In Border Stations": EC Assures Kerala HC In Plea For Preventing Double Voting In Border Constituencies

“The respondents have a duty to see that double voting is not permitted”, Justice Nagaresh urged the Election Commission on Saturday