Entries Made In Balance Sheet Amounts To Acknowledgement Of Debt As Per Section 18 Of Limitation Act, 1963: NCLT New Delhi

The National Company Law Tribunal, New Delhi Bench, comprising of Shri Bachu Venkat Balaram Das, (Judicial member) and Shri Rahul Bhatnagar (Technical Member), while adjudicating an application filed under section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in M/s SKC Infratech Pvt. Ltd vs M/s EOS Hospitality Pvt. Ltd. has reiterated that entries made in the Balance Sheet...

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20

Justice Yashwant Varma of Delhi High Court has invited lawyers to make submissions on the aspect of court’s power to partially modify or set aside an arbitral award, doctrine of severability and scope of section 34(4) of Arbitration and Conciliation Act, 1996.As per the notice published in today’s causelist, the lawyers who wish to make submissions on the legal points can do so in...

Award Passed By A Unilaterally Appointed Arbitrator Is A Nullity, Cannot Be Enforced Under Section 36 Of The A&C Act: Calcutta High Court

The High Court of Calcutta has held that an arbitration award passed by an arbitrator who was unilaterally appointed by one of the parties cannot be executed under Section 36 of the A&C Act.The bench of Justice Shekhar B. Saraf held that a unilaterally appointed award does not carry the privilege of existence in the eyes of the law and is regarded as a nullity, therefore, there is nothing...

'Appalled By Insensitivity Towards Plight Of Animal' Kerala High Court Refuses To Interfere With Translocation Of Tusker ‘Arikkomban’

The Kerala High Court on Wednesday refused to interfere with its earlier direction to translocate the wild tusker ‘Arikomban’ to Parambikulam Tiger Reserve despite the review petition filed by MLA K Babu citing apprehensions of residents near the proposed site of translocation about the elephant entering human settlements.The court on 5th April had directed to tranquilise and translocate...

Bombay High Court Monthly Digest: March 2023

Nominal Index [Citation 126 – 175]Shoyab Mehtab Ali v. Divisional Commissioner and Anr. 2023 LiveLaw (Bom) 126Lok Developers vs Deputy Commissioner of Income tax - 2023 LiveLaw (Bom) 127Rakesh Tulsidas Rathod V/s. Jayraj Vishram Vapikar & Ors - 2023 LiveLaw (Bom) 128Dilip Babubhai Shah and Ors. v. Additional Resident Deputy Collector and Ors. 2023 LiveLaw (Bom) 129Shaikh Sana...

Plaintiff Alleging Breach Of Confidentiality Must Produce Confidential Info Before Court In Sealed Cover: Bombay High Court

The Bombay High Court recently held that if a plaintiff is alleging breach of confidentiality by the defendants, it has to produce the confidential information before the court in a sealed cover.“...the method adopted before this Court of providing such information in a sealed cover with material particulars is mandatory in terms of law laid down by this Court...”Justice Manish...

Unjust To Apply ‘Ignorance Of Law Is No Excuse' Rule In Case Of Illiterate POCSO Offenders: Madhya Pradesh High Court

The Madhya Pradesh High Court recently presented a grim picture of literacy rate amongst the people of India, especially in Madhya Pradesh, to highlight the devastating ground realities that ensue after executing the strict provisions of the POCSO Act.Single Judge Bench of Justice Atul Sreedharan observed that illiteracy is so high that people are unable to read or comprehend the...

Marathi Rapper Rajesh Mungase Booked For 'Defamatory Song' Against Eknath Shinde Govt Gets Protection From Arrest Till April 25

A Kalyan Court granted Marathi rapper Rajesh Mungase protection from arrest till April 25 for an alleged defamatory song against Eknath Shinde led Maharashtra government.Additional Sessions Judge RG Waghmare sought a reply from Maharashtra Police on Mungase’s anticipatory bail application.Snehal Kamble, a member of Yuvasena Core Committee filed a complaint at Shivaji Nagar police...

Kerala Gold Smuggling Case: High Court Dismisses Plea Seeking Probe Into Alleged Involvement Of CM Pinarayi Vijayan, Other Officials

The Kerala High Court on Wednesday dismissed a petition seeking a time bound investigation by Customs and the Enforcement Directorate into the alleged role of Chief Minister Pinarayi Vijayan, former speaker P Sreeramakrishnan and other high ranking officials of the Chief Minister’s office on allegations of money laundering and gold smuggling using diplomatic channels A single bench of...

Centre Notifies Appointment Of A Judicial Officer As An Additional Judge Of Gauhati High Court

The President Of India has appointed Mridul Kumar Kalita, a Judicial Officer, as an additional Judge in the Gauhati High Court. A notification in this regard was issued by the Central Government today.The Supreme Court Collegium in its meeting held on 10 January 2023 approved the proposal for his elevation as Judge of the Gauhati High Court....

Allegation Of Corrupt Practices Against Public Servant Can't Be Considered Defamatory Without Proving Malice: Jammu & Kashmir High Court

Quashing a complaint involving allegations of defamation against a Senior Office Bearer of a Public Sector Corporation for writing a letter to the Governor of Jammu and Kashmir highlighting acts of omission and commission in the J&K Project Construction Corporation, the Jammu and Kashmir and Ladakh High Court has recently observed that every citizen has a right to comment on those acts...

Patna Court Directs Rahul Gandhi To Appear Before It On April 25 In Defamation Case Filed By RS MP Sushil Modi

Following his failure to appear in Court today in the Defamation case filed by Rajya Sabha MP Sushil Kumar Modi, the Patna Court has granted another chance to Congress leader Rahul Gandhi to appear on April 25.The ACJM Cum Special Judge, MP/MLA Court Adi Dev passed this order after Gandhi's counsel, Ansul Kumar informed the Court that due to his prior commitments, he could not appear pursuant...