A Financial Creditor Cannot Challenge The Insolvency Proceedings Initiated By Another Financial Creditor On The Ground Of Superior Claim: NCLAT

The NCLAT while dismissing an appeal filed by L&T Infrastructure Finance Company Ltd. held that a Financial Creditor cannot challenge the order of admission of Insolvency petition by another financial creditor merely on the ground that it has a superior claim over the claim of the other Financial Creditors. In this case, an Agreement was executed between...

Corruption Is A Disease; Bombay HC Directs Registration Of FIR Against Ajit Pawar And Other Politicians In Co-operative Bank Scam [Read Judgment]

The Bombay High Court on Thursday directed the Economic Offences Wing to register a FIR against former Deputy Chief Minister of Maharashtra Ajit Pawar and other state politicians for their alleged involvement in the State Co-operative bank scam within 5 days. Division bench of Justice SC Dharmadhikari and Justice SK Shinde were hearing a PIL filed by one Surinder Mohan Arora alleging...

Copy Of Oath Taken By HC Judges Cannot Be Sought Under RTI, Says Chhattisgarh HC [Read Judgment]

Copy of oath taken and subscribed by High Court judges cannot be sought under RTI, the Chhattisgarh High Court has held.One Arun Kumar Gupta had made an application to the Public Information Officer of the High Court seeking copy of oath taken and subscribed by two High Court judges viz. Justice Prashant Kumar Mishra and Justice N.K. Agarwal. PIO and later the Appellate authority held that...

Meghalaya HC CJ Unveils Action Plan To Reduce Pendency Of Cases In Subordinate Courts

In a unique initiative by Chief Justice of the High Court of Meghalaya Justice Ajay Kumar Mittal, an action plan has been devised for reducing cases that have been pending in the subordinate courts of Meghalaya for five years or more. In Meghalaya, cases used to be tried by the Deputy Commissioner/ District Magistrates before separation of subordinate Judiciary from the executive, which...

NCLT Has Inherent Power To Impose Moratorium Before Initiation Of Corporate Insolvency Resolution Process : NCLAT [Read Judgment]

The National Company Law Appellate Tribunal (NCLAT) in a matter has recently held that once an application for initiating insolvency proceedings is filed, NCLT does not have to await hearing of the parties to impose moratorium. The NCLAT Bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Kanthi Narahari, Member (Technical), while hearing the matter [NUI Pulp and...

Delhi HC Adjourns Hearing Of Plea Against Shah Faesal's Detention Till Sep 3

The Delhi High Court on Friday declined to issue a formal notice on the plea of former IAS officer Shah Faesal, who has alleged that he was illegally detained at the Delhi airport on August 14 and taken back to Srinagar, where he has been kept under house arrest, saying the Centre had already said it would file a reply.A bench of justices Manmohan and Sangita Dhingra Sehgal told Faesal's...

Centre Notifies Appointment Of Three Lawyers As Judges Of Telanagana HC [Read Notification]

The Centre on Friday notified the appointments of three advocates as judges of the Telanagana High Court. They are: T. Vinod Kumar A. Abhishek Reddy K. Lakshman All the three advocates are presently in the post of Assistant Solicitor General. They will assume office in the above order of seniority and will hold the position for two years. The SC Collegium had recommended the elevation...

PIL For Uniform Civil Code Not Maintainable: Muslim Personal Law Board Tells Delhi HC, Seeks Impleadment

An application has been filed by the All India Muslim Personal Law Board before the Delhi High Court seeking impleadment as a respondent party in a plea for Uniform Civil Code. It has also, in the alternative, sought dismissal of the said plea. A bench headed by the Chief Justice of Delhi High Court, Justice Rajendra Menon had earlier issued notice to the Law Commission of India in...

IL&FS Case: MCA Proceedings In NCLT For 5 Year Ban On Auditors Challenged By KPMG's Arm In Bombay HC

In major development coming from the corporate sector, BSR and Associates, an associate of KPMG has challenged an order of the National Company Law Tribunal's Mumbai bench whereby an application filed by BSR along with Deloitte questioning the maintainability of Corporate Ministry's petition seeking disqualification of both the auditors for 5 years was rejected. BSR's challenge came up...

Bombay HC Sets Aside Charity Commissioner's Circular Barring Priests/Pujaris From Becoming Trustees Of Temple Trust [Read Order]

The Bombay High Court recently set aside a specific portion of circular issued by the Charity Commissioner, Maharashtra which prohibited pujaris or priests from becoming trustees of their respective temple trust as they were 'beneficiaries' of the temple.A division bench of Justice Akil Kureshi and Justice SJ Kathawalla heard a batch of petitions filed by priests from various temples in...

Aircel Maxis Case: Special Judge Reserves Order On Plea For Anticipatory Bail Filed by Chidambaram And Karti

At Rouse Avenue, Special Judge O.P Saini has reserved the Order on an application filed by P Chidambaram and his son Karti Chidambaram seeking anticipatory bail in the Aircel Maxis case. The proceedings began with the Additional Solicitor General KM Natraj asking for another adjournment in the matter. He said that since the Supreme Court is scheduled to hear the INX Media matter on the 26th...

'Its Unfortunate That Women Who Faced Sexual Harassment Have To Defend Criminal Proceedings For Telling The Truth': Priya Ramani Tells Court

Priya Ranani gave her statement under section 313 of Criminal Procedure Code, before the Additional Chief Metropolitan Magistrate Samar Vishal, at the Rouse Avenue Court. The journalist who's facing a criminal defamation case filed against her by MJ Akbar, was given a copy of the questions which revolved around the statements given by the prosecution witnesses as well as her own...