De-silting Of Dams Not Exempted From Obtaining Prior Environment Clearance: NGT Imposes ₹50 Crores Penalty On Karnataka Irrigation Department

The National Green Tribunal (NGT) South Zone has imposed a penalty of 50 crore rupees on the Irrigation Department of Karnataka for conducting mining activities in Adyapadi and Shamburu Dams in the Dakshin Kannada District without obtaining environmental clearance, in violation of the Environmental Impact Assessment (EIA) Notification of 2006.The bench, comprising of Justice Pushpa...

Every Hour Five Trees Are Cut Down in Delhi: High Court Seeks Action Plan From Forest Department

Recently, the Delhi High Court sought an expedited action plan from the Forest Department after it was brought to the court's attention that, for the years 2019, 2020, and 2021, five trees are being cut down every hour in Delhi with prior permission from the Tree Officer.The bench of Justice Najmi Waziri said, “Remedying the harm and loss of tree-cover would possibly take another 20 years...

Bombay High Court Weekly Round-Up: March 12 To March 18, 2023

Nominal Index [Citation 135 - 147]Pidilite Industries Limited v. Chiripal Industries Limited 2023 LiveLaw (Bom) 135Jetair Pvt Ltd v. Deputy Commissioner of Income Tax & Ors. 2023 LiveLaw (Bom) 136Mahendranath Vidyaniwas Trivedi v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 137All India Service Engineers Association v. Union of India and Ors. 2023 LiveLaw (Bom) 138Sara Chemicals...

Kerala High Court Directs Forest Department To Refrain From Capturing Wild Tusker 'Arikomban' Till March 29

The Kerala High Court in a late night sitting on Thursday directed the Forest and Wildlife Department to refrain from capturing wild tusker 'Arikomban' that had allegedly been foraging in the Chinnakana area, and causing damage to the property in the human settlement areas. The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. however, permitted the department...

Allahabad HC Issues Notice To Attorney General On PIL Challenging Validity Of Muslim Personal (Shariat) Application Act, S. 494 IPC

The Allahabad High Court has issued a notice to the Attorney General for India on a Public Interest Litigation (PIL) plea challenging the validity of the Muslim Personal (Shariat) Application Act, 1937 as well as seeking a declaration that Section 494 IPC [Bigamy] is ultra vires to the Constitution of India.The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi also gave...

NCLT Kochi Sanctions Scheme Of Amalgamation For Midas Group Of Companies

The National Company Law Tribunal (“NCLT”), Kochi Bench, comprising of Shri P Mohan Raj (Judicial Member) and Shri Satya Ranjan Prasad (Technical Member), while adjudicating a joint application filed under Sections 230 to 232 of the Companies Act, 2013 by thirteen Midas Group companies seeking sanction of Scheme of Amalgamation between them, has sanctioned the Scheme of...

Replacement Of RP As Per Section 27 Is Complete When The Resolution Is Passed With 66% Voting Share: NCLT Allahabad

The National Company Law Tribunal, Allahabad Bench, comprising of Shri Praveen Gupta (Judicial Member) and Shri Ashish Verma (Technical Member), while adjudicating an application under Section 27 read with Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) in M/s Mahajagdamba Tubes Pvt. Ltd. vs M/s Quality Steels Product Limited has held that replacement of a...

Have Formed Panel To Probe Into Lawrence Bishnoi's Jail Interviews, Punjab Govt Informs High Court

The Punjab Government has informed the Punjab and Haryana High Court that it has formed a committee to look into the recent to look into the incident of gangster Lawrence Bishnoi appearing on TV News Channel for an interview. The submission was made before the bench of Chief Justice Ravi Shankar Jha and Justice Arun Palli which was dealing with a Public Interest Litigation (PIL)...

Heads Of Higher Educational Institutions Shall Be Held Responsible For Ragging Incidents: Uttarakhand High Court

The Uttarakhand High Court has passed directions to the State and University authorities to strictly implement the Regulations to curb ragging in all the higher educational institutions of the State.While expressing serious concern over the menace of ragging, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said“…it is seen that the activity of ragging...

Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo

The Calcutta High Court on Friday granted interim relief to a married couple who was denied IVF (In vitro Fertilization), citing the age bar for couples under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.The provision mandates a man to be aged above 21 years and below 55 years for being eligible for assisted reproductive technology services. The upper age limit...

Section 14 Of IBC Would Not Bar A Proceeding Under PMLA: NCLT Ahmedabad Reiterates

The National Company Law Tribunal, Ahmedabad Bench, comprising Dr. Madan B. Gosavi, (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) in Bank of India vs M/s Mayfair Leisures Ltd has held that Section 14 of IBC would not bar a proceeding under the Prevention...

Residuary Jurisdiction Of NCLT U/S 60(5)(c) of IBC , Can't Be Used To Interpret Terms Of An Agreement Relating To A Third-Party Contract: NCLT Ahmedabad

The National Company Law Tribunal, Ahmedabad Bench, comprising of Dr. Madan B. Gosavi (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) filed by the Resolution Professional (“RP”) of JBF Petrochemicals Ltd in IDBI Bank Ltd vs JBF Petrochemicals Ltd. has held that...