Allocation Of Meagre Amount Cant Be A Ground To Question The Resolution Plan: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Pani Logistics v Vikas G. Jain & Ors., has held that mere allocation of meagre amount cannot be a ground to question the resolution plan. The allocation in the resolution plan to...

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. "Access to...

In Absence Of A Charge Being Registered For Corporate Guarantee, The Appellant Could Not Be Treated As A Secured Financial Creditor; NCLT Ahemadabad

The National Company Law Tribunal (NCLT), Ahemadabad bench comprising Mr. Kaushalendra Kumar Singh (Technical) and Dr. Madan B. Gosavi (Judicial) dealt with the interpretation of a ‘secured’ financial creditor under the Insolvency and Bankruptcy Code, 2016. The tribunal held that the applicant in the present case, could not be considered as a secured financial creditor of the...

Karnataka High Court Refuses To Quash FIR In Disproportionate Assets Case Against BJP MLA Renukacharya

The Karnataka High Court has refused to quash an alleged case of disproportionate assets against Bharatiya Janata Party (BJP) Leader M P Renukacharya. Justice K Natarajan, while dismissing the petition filed by the legislator, said the petition is devoid of merits and liable to be dismissed.On the private complaint filed by one Gurupadaiah, the police earlier registered FIR on 30.11.2015,...

Celebrity Couples Sneak Through Surrogacy Laws While Those Eligible Denied Treatment By Authorities Unaware Of Statutory Procedures: Madras High Court

The Madras High Court has directed the State of Tamil Nadu to form District Medical Boards in all districts under the provisions of the Surrogacy Act 2021. The court added that members of these Boards may not necessarily be from the medical colleges as the Act does not contain such stipulation.Justice GR Swaminathan of the Madurai bench also noted that the authorities should be well versed...

CBDT Notifies Income Tax Exemption To Bhadohi Industrial Development Authority

The Central Board of Direct Taxes (CBDT) has notified income tax exemption to Bhadohi Industrial Development Authority.The Bhadohi Industrial Development Authority is an authority constituted by the state government of Uttar Pradesh.The exemption is granted in respect of money received from the disposal of land or 90-year lease of immovable properties; money received by the way of lease rent...

[BSF] Jammu & Kashmir High Court Upholds Widow's Rights To Family Pension Despite Divorce Proceedings Pending During Husband's Lifetime

The Jammu and Kashmir and Ladakh High Court recently ruled that a widow cannot be denied family pension after husband's death on the ground that during his lifetime, divorce proceedings were ongoing between the couple.The observations were made by Justice Rahul Bharti while hearing a widow's a plea seeking her deceased husband's pension who was serving in the Boarder Security Force (BSF) as...

Location Of Facilitation Council Under MSMED Act Would Remain The ‘Venue’ Of Arbitration When The Agreement Confers Jurisdiction On The Courts In A Different Place: Delhi High Court

The High Court of Delhi has held that the location of the Facilitation Council administering arbitration under Section 18 of the MSMED Act, 2006 would remain the ‘Venue’ of arbitration when the parties have conferred exclusive jurisdiction on a Court situated in a different place. The bench of Justices V. Kameshwar Rao and Anoop Jairam Bhambhani held that by virtue of the...

Supreme Court Of Pakistan Declares Election Commission’s Decision To Delay Punjab Polls Unconstitutional

Supreme Court of Pakistan on Tuesday declared Election Commission of Pakistan (ECP)'s decision to delay the election in Punjab as unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and consequently quashed the decision.The bench of Chief Justice Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Munib Akhtar said, “Neither the Constitution nor...

NCLT Urges Petitioners To Comply With Regulation 20(1a) Of Information Utility Regulations

The National Company Law Tribunal (“NCLT”) has released a Circular dated 03.04.2023, requesting the Petitioners in Sections 7 and 9 of IBC proceedings to produce the record of Information Utility (NeSL certificate) for effective hearing of their case and comply with Regulation 20(1A) of Insolvency and Bankruptcy Board of India (Information Utilities) Regulation,...

Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court

The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G (5) of the National Highways Act, 1956 (NHA) is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996 (A & C Act), the same cannot be a ground to invoke the High Court’s writ jurisdiction...

Authorities In Patent Office Must Practice Due Application Of Mind In Decisions, Cut-Paste Orders Can’t Sustain: Delhi High Court

The Delhi High Court has observed that the officers of Controller General of Patents, Designs & Trade Mark must practice due application of mind while rendering decisions and that template or “cut-paste” orders must be discouraged and cannot sustain.While pulling up an Assistant Controller of Patents and Designs for passing a “mechanical order” while refusing an application for...