Claim For Pre-CIRP Dues Not Been Filed, Electricity Department Not Entitled To Recover Such Dues Or To Disconnect Electricity: 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 Swastik Aqua Ltd. & Anr. v Jharkhand Bijli Vitran Nigam Ltd. & Anr., has held that if the Electricity Department does not file any claim for its pre-CIRP electricity dues, then...

PC Act | Magistrate Can’t Make Declaration On Drawing Of Adverse Inference Against Accused For Refusing To Provide Voice Sample: Rajasthan High Court

The Rajasthan High Court recently set aside observations of a magistrate regarding drawing of adverse inference against an accused, who refused to provide his voice sample at investigation stage, in a corruption case. "As far as the observation made by the learned Magistrate regarding unfavourable reckoning is concerned, wherein he has stated that the accused shall be responsible if any...

'TRAI Regulations In Public Interest, No Arbitrariness Made Out': Kerala High Court Dismisses AIDCF's Plea Challenging New Tariff Order

The Kerala High Court on Tuesday dismissed the plea filed by All Indian Digital Cable Federation (AIDCF) challenging the Telecom Regulatory Authority of India's (TRAI) new Tariff Order, under which broadcasters had increased channel prices for cable TV operators for inclusion in bouquet from INR 12 to INR 19 per channel.AIDCF, which is an apex body with several multi system operators (MSOs),...

Jugglery, Manipulation Has No Place In Courts: Jammu & Kashmir HC Upholds Imposition Of Exemplary Cost On Party For Suppressing Material Facts

Upholding a single judge verdict wherein the writ court had imposed Rs one lakh penalty on petitioner for suppressing material facts and misleading the court to gain advantage over the other side, the Jammu and Kashmir and Ladakh High Court recently observed that that jugglery, manipulation, maneuvering or misrepresentation has no place in equitable and prerogative jurisdiction.The...

Lucknow Terror Conspiracy Case 2021: Allahabad High Court Grants Bail To An Alleged Al-Qaeda Terrorist

The Allahabad High Court today granted bail to an alleged al-Qaeda terrorist who was arrested in 2021 in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the special NIA court had dismissed his bail plea. The bench of Justice Attau Rahman Masood and Justice Saroj Yadav passed this order on the bail plea moved by the accused Mohd. Moeed. A detailed copy...

State Bar Council Requests Punjab & Haryana Govts To Enact Draft Advocates Protection Bill Prepared By It, Warns Of State-Wide Agitation If No Steps Taken

The Punjab and Haryana Bar Council has sent two drafts [Punjab Advocates (Protection) Bill 2023 and Haryana Advocates (Protection) Bill 2023] to both the concerned state governments requesting them to enact the same at the earliest. The council has also warned the government of state-wide agitation if adequate steps are not taken regarding the same. In a press note released by the...

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years.Justice Bharati Dangre set aside the trial court’s order refusing to discharge the man...

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court

The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to pay environmental compensation for its illegal and unauthorised mining activities.A challenge to the said order of the National Green Tribunal had been earlier dismissed by the Supreme Court. Subsequently, a review petition was filed which was also dismissed by the Apex Court. However,...

Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India

The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India (CFI) for holding a meeting and gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19. Justice J M Khazi sitting at Dharwad bench allowed the petition filed by Khadar Basha and others...

Courts Do Not Have Authority To Waive Attendance Criteria Mandated For Appearing In Exam: Telangana High Court Dismisses Law Student's Plea

Recently, the Telangana High Court reiterated that courts do not have the power to waive or reduce the attendance criteria for a student required to appear in a semester exam. Consequently, the court dismissed the writ petition of a law student seeking relief to appear in the exam.The bench of Justice K.Lakshman referred to the case of State of Andhra Pradesh in M. Sunil Chakravarthy v....

Scope Of Judicial Review In Service Matters Limited, Affected Party Must Avail Civil Remedy: Gujarat High Court Reiterates

The Gujarat High Court dismissed a Special Civil Application filed by a principal against his termination by Anandalaya Education Society citing a clear element of loss of confidence in the petitioner by the respondent-institution. Justice Sandeep N Bhatt made it clear that the writ is not maintainable under Article 226 of the Constitution of India against the present respondent...

Arbitral Tribunal’s Order Rejecting The Application For Impleadment Of Party Doesn’t Constitute An ‘Interim Award’: Delhi High Court

The Delhi High Court has reiterated that a party who is a non-signatory to the arbitration agreement, can be impleaded as a necessary party in the arbitration proceedings. The bench of Justices Najmi Waziri and Sudhir Kumar Jain further ruled that the Arbitral Tribunal’s order rejecting the application for impleadment of parties in the arbitral proceedings, does not constitute...