Liquor Policy: Delhi Court Grants Bail To Two Accused In Money Laundering Case

A Delhi Court has granted bail to two accused persons in the money laundering case connected to implementation of the national capital's excise policy of 2021-22.Special Judge MK Nagpal of Rouse Avenue Courts granted bail to Rajesh Joshi and Gautam Malhotra and ordered their release from custody subject to furnishing of a personal bond of Rs. 2 lakhs each. It has been alleged by...

CoC Resolution With 66% Voting Share Not A Pre-Condition For Liquidation When No Resolution Plan Received By The AA: NCLT Hyderabad

The National Company Law Tribunal, Hyderabad Bench, comprising Smt. Telaprolu Rajani (Judicial Member) and Shri Charan Singh (Technical Member), while adjudicating an application under Section 33(1) of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in State Bank of India vs Suryajyothi Spinning Mills Ltd has held that a resolution by the CoC with 66% voting share for Liquidation...

Orissa High Court CJ Muralidhar Expresses Concern Over Misuse Of Court Live-Streaming Clips On YouTube; Bats For ‘Judicial Data Security Policy’

Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar on Saturday expressed concern over misuse of video clips from the live-streaming of various High Courts which are being made available on YouTube and urged to introduce a comprehensive ‘Judicial Data Security Policy’ to secure judicial data.He was addressing a galaxy of Judges from various High Courts and District Judges...

Are We Over Criminalizing ‘Adolescent Love’? Justice Jasmeet Singh Flags Issues Concerning POCSO Act

Justice Jasmeet Singh on Saturday said that the issue of criminalization of “adolescent love” under the POCSO Act needs to be addressed. The Delhi High Court judge also highlighted various issues pertaining to the enactment. “Are we over criminalizing the adolescent love? This is an issue which, according to me, needs a look because there are cases where one child is 17 years and...

[POCSO Act] They Are ‘Survivors’ And Not ‘Victims’ Of Sexual Offences, Focus Must Be On Children’s Rehabilitation: Justice Tara Vitasta Ganju

Delhi High Court judge, Justice Tara Vitasta Ganju, on Saturday said that children who have been sexually abused must be called as “survivors” and not “victims” and that their rehabilitation should also be focused upon, as much as the law and punishing the offenders. “No nation can flourish if children of the nation suffer from abuse of vulnerability. In as much as we focus on...

NCLT Constitutes Vacation Benches; Matters To Be Heard Through VC And Registry To Remain Functional

The National Company Law Tribunal (“NCLT”) has issued a circular dated 04.05.2023 notifying the constitution of the Vacation Bench for the NCLT benches having vacation in the month of May 2023. Further, only urgent matters would be heard during the vacation period, subject to the availability of the Hon’ble Member(s) and as per the convenience of the concerned...

Arbitration Agreement Executed By Joint Venture Can’t Be Invoked By Its Constituents: Patna High Court

The Patna High Court has ruled that an arbitration agreement executed by a Joint Venture cannot be invoked by the constituents of the said Joint Venture, since they cannot be considered as a party to the arbitration agreement. While dealing with a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of arbitrator, the bench of...

Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution

The High Court of Calcutta has invoked its powers under Article 133(1)(a) r/w Article 134A of the Constitution to allow the aggrieved party to directly appeal against its judgment to the Supreme Court on the ground that the case involves a substantial question of law of general importance. The bench of Justice Shekhar B. Saraf was dealing with a peculiar situation wherein the...

Supreme Court Collegium Recommends Justice Robin Phukan Be Made Permanent Judge Of Gauhati High Court

The Supreme Court Collegium (SCC) comprising CJI Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice K. M. Joseph on Tuesday recommended the name of Justice Robin Phukan, Additional Judge, for appointment as a permanent judge of the Gauhati High Court. The Judgment Evaluation Committee constituted in terms of the Resolution dated October 26, 2017 of the SCC said each...

Non-Teaching Employees Have To Be Treated And Regularized As Permanent Employees: Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice I.P. Mukerji and Justice Biswaroop Chowdhury while deciding a Writ Appeal in the case of The Director of Technical Education & Training Govt. of W.B. v Madan Mohan Sarkar & Ors. has held that non-teaching employees of the hostel/ mess of Malda Polytechnic should be treated as the permanent employees of the college...

Rule 5 Of Cenvat Credit Rules, 2004 Cannot Be Invoked To Sanction The Refund Of Unutilized Cenvat Credit Lying With The Assessee: CESTAT

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has observed that Rule 5 of the Cenvat Credit Rules, 2004 cannot be invoked to sanction the refund of unutilized cenvat credit lying with the assessee.The bench of Rachna Gupta (Judicial Member) has observed that despite the fact that manufacturing was closed in the financial year 2016–2017 and the appellant...

NCDRC: The Presence Of An Arbitration Clause In The Agreement Does Not Bar The Jurisdiction Of The Consumer Fora

The National Consumer Dispute Redressal Commission (NCDRC) recently addressed a case involving allegations of non-delivery of possession of a villa, despite payment of instalments. The bench, comprising presiding member Justice R.K. Agarwal, held that the consumer court retains the power to handle complaints, even if there is an arbitration clause in the agreement. Additionally,...