[Land Allotment] Entrepreneurs Setting Up Industry Should Be Given Opportunity To Start Production: Patna High Court

The Patna High Court recently granted partial relief to an entrepreneur whose land allotment was cancelled by Bihar Industrial Area Development Authority citing failure to start production after setting up of industry in Muzaffarpur.The Court took on record petitioner's undertaking to start production in 60-90 days.A bench comprising Justice Sanjeev Prakash Sharma observed,“any...

S. 138 NI Act | Proceedings Can’t Be Invalidated Merely Because Costs For Miscellaneous Expenses Claimed Alongwith Cheque Amount: Orissa High Court

The Orissa High Court has held that a proceeding under Section 138 of the Negotiable Instruments Act cannot be invalidated only because the notice claims costs for some miscellaneous expenses alongside demanding the cheque amount.While relying on the decisions of the Apex Court, the Single Judge Bench of Justice Radha Krishna Pattanaik observed,“…in view of the settled legal position in...

Cartel Amongst Paper Mills? Gujarat High Court Refuses To Interfere With CCI's Investigation Order

The Gujarat High Court on Monday dismissed a writ petition filed by J.K. Paper Ltd. challenging an investigation order under Section 26 of Competition Act, 2002 passed by the Competition Commission of India on the ground that the said order is an administrative order which only forms a prima facie opinion and it does not affect rights and liabilities of the petitioner.The single judge bench...

'Only Narendra Modi Could Have Filed Defamation Complaint, Case Politically Motivated': Rahul Gandhi's Appeal In Surat Court

As reported by LiveLaw earlier, Congress leader Rahul Gandhi has moved an appeal before the Surat Sessions Court challenging his conviction and sentence by a magistrate court in Surat in a defamation case over his 'Modi Surname' remark. In his appeal, he has argued that his speech in question (why all thieves share the Modi surname) was in connection with Narendra Modi, Nirav Modi, and Lalit...

Reasons In Show-Cause Notice Must Clearly Outline Grounds On Which Action Under Rules Is Proposed: Patna High Court Restores PDS License

The Patna High Court recently has quashed and set-aside the impugned orders cancelling the petitioner's PDS licence, citing violation of principles of natural justiceA bench comprising Justice Sanjeev Prakash Sharma observed, “The reasons must be set forth in the show-cause notice clearly outlining the various grounds on which the action under the Rules is proposed. In the absence of...

S.163A MV Act | Accident Can Be Said To Have Arisen 'Out Of Use Of Vehicle' That Was Stationary: Kerala High Court

The Kerala High Court recently held that an accident could be said to have arisen 'out of the use of' a vehicle that had been stationary at the relevant time, in order to prove a claim under Section 163A of the Motor Vehicles Act, 1988 (hereinafter, 'MV Act, 1988'). Although the Single Judge Bench of Justice Sophy Thomas dismissed the appeal against the order of the Motor Accidents...

NCLAT Chennai To Conduct Physical Hearings On Tuesday, Wednesday And Thursday

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, has issued a circular dated 01.04.2023, intimating that cases before NCLAT Chennai will be taken up through only Physical Mode on Tuesday, Wednesday and Thursday. Further, matters would be heard in Virtual Mode every Monday and Friday. In case if any Member of NCLAT Chennai is on leave on a particular day, then...

NCLT Chennai Approves The Resolution Plan Of Adani Port And Sez Ltd. For Karaikal Port Pvt. Ltd.

The National Company Law Tribunal (“NCLT”), Chennai Bench, comprising of Justice Ramalingam Sudhakar (President) and Shri. Sameer Kakkar (Technical Member) while adjudicating a petition in Omkara Assets Reconstruction Pvt. Ltd. v Karaikal Port Pvt. Ltd., has approved the resolution plan submitted by Adani Port and SEZ Ltd. for Karaikal Port Pvt. Ltd. Adani Port and SEZ Ltd. is a...

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure (arrest to prevent the commission of cognizable offences), without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice...

Uttarakhand High Court Orders Reinstatement Of Rajiv Bhartari As Principal Chief Conservator Of Forest

The Uttarakhand High Court on Monday ordered the government to allow senior IFS officer Rajiv Bhartari to take over as the Principal Chief Conservator of Forest/ Head of Forest Force (PCCF/HoFF). He was earlier allegedly transferred merely on the basis of a note prepared by the Minister of Forest.While granting relief, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar...

Ram Navami Violence: Calcutta High Court Directs State To Deploy Adequate Force In Affected Areas

The Calcutta High Court on Monday directed the state government to deploy adequate police force in the affected areas where incidents of violence took place during the Ram Navami procession, so that peace and tranquillity prevails.While hearing a PIL filed by Leader of Opposition in State Assembly and BJP MLA Suvendu Adhikari, the division bench of the Acting Chief Justice T. Sivagnanam...

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea

The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence (POCSO) Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force. Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said to have taken place between the petitioner...