Dispute Raised For First Time In Reply About Quality Of Goods Will Not Constitute Pre Existing Dispute About Operational Debt Under IBC : NCLAT [Read Order]

The National Company Law Appellate Tribunal has held that a dispute raised for the first time in reply to demand notice or in response to Adjudicating Authority regarding quality of goods will not amount to pre-existing dispute about operational debt under the Insolvency and Bankruptcy Code.The Tribunal was dealing with an appeal filed by share holder of a company challenging order passed...

SC Explains Test To Be Applied When There Is Omission To Implead Defendant’s Legal Representative

 “The test often adopted in such cases is whether in the event of the appeal being allowed as against the remaining respondents there would or would not be two contradictory decrees in the same suit with respect to the same subject matter.’The Supreme Court has explained the test that has to be applied to decide whether appeals in civil cases are abated in toto or not when there is...

No Letters Of Recommendation To Those Who Criticized College: SLS, Pune Allegedly Tells Students

Barely a month after making headlines for evicting two students from its Hyderabad campus, Symbiosis Law School’s Pune campus has now found itself in a soup. This time, former and current students allege that the college is denying/delaying Letters of Recommendation (LoRs) to those students who had spoken up against the eviction of the two girls.Here is a recap of the events as they...

Inherent Powers Under Sec.482 CrPC Cannot Be Invoked By Accused At Stage Of Investigation As No Proceeding Is Pending Against Him : Allahabad HC[Read Judgment]

A petition filed under Section 482 of CrPC by the accused challenging an order of Magistrate directing reinvestigation by police was dismissed by the Allahabad High Court on the principle that accused has no right of hearing during investigation. The Court held that investigation cannot be regarded as a proceeding pending against the accused so as to invoke Section 482."..it is apparent that...

Shame That Writ Petition Dating Back To 1996 Is Still Pending, Says Bombay HC

It is a shame that a petition of 1996 has not been disposed of finally till date, said a Bombay High Court bench when it noticed that a writ petition filed two decades ago is still pending.Once the Registry brought to the notice of this court and particularly one of us (S. C. Dharmadhikari, J.), the details of pending cases and the oldest one, we noticed that this case of 1996 being...

Benefit Of Any Doubt In Age Of Victim To Go To The Accused, Holds Delhi HC [Read Judgment]

The Delhi High Court recently asserted that the benefit of any doubt in the age of the victim needs to go to the accused.Justice Sanjeev Sachdeva explained that to this end, the age of the victim in such cases would have to be taken to be the higher of the range as determined by the medical examination, while keeping in view the margin of error of 1 to 2 years.The court was hearing a...

NGT-Appointed Panel Says TN Govt’s Order Closing Down Sterlite Copper Unit Not Sustainable, Grounds Don’t Justify Permanent Closure [Read Order]

In a major development, the three-member committee told the National Green Tribunal on Wednesday that the order of the Tamil Nadu government closing down the Sterlite copper unit in Thoothukudi was not sustainable and the ground mentioned in it was “not that grievous to justify permanent closure of the factory”.The report of the three-member committee was received by the bench headed...

Pollution Due To Absence Of Policy For Scraping Old Vehicles, NGT Orders Scraping Policy, Shifting Out Of Scrap Markets [Read Order]

As the busy and congested scrap markets in Delhi continue to lead to massive air pollution due to toxic fumes from open-air dismantling and severe traffic congestion, the National Green Tribunal has directed constitution of a joint committee to prepare a ‘ scraping policy ’ and also an action plan for shifting out the scrap markets from busy areas to other locations within three...

1984 Anti-Sikh Riots: Re-examine Evidence On 22 Unexamined Homicidal Deaths: Delhi HC Directs Delhi Police [Read Judgment]

The Delhi High Court, on Wednesday, upheld the jail terms of more than 80 people for their involvement in the 1984 anti-Sikh riots.Justice Gauba, however, noted that there were reasons to believe that certain part of the facts noted or gathered by the investigating agency in the wake of the FIR filed in the case “may have remained uncovered”.This was in view of the fact that the...

Kerala HC Quashes Appointments Of Four Assistant Professors By Aligarh Muslim University For Violating UGC Norms [Read Judgment]

The High Court of Kerala has set aside the appointments of four assistant professors in Aligarh Muslim University at Malappuram centre. The Court found that the appointment was not done following the procedure in 'UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in...

3 Bombay HC Judges Recuse From Hearing Advocate Uke's Petition Alleging Judge Loya Was Poisoned

Three judges of the Nagpur bench of the Bombay High Court—Justice SB Shukre, Justice SM Modak and Justice Swapna Joshi—have recused themselves from hearing Advocate Satish Uke’s petition alleging that Judge BH Loya, presiding over the Sohrabuddin trial, was poisoned with a radioactive isotope.As reported earlier, when Uke’s petition came up before the division bench of Justices...

Time Ripe For Using Press Reports/Photos/Videos As Evidence In Communal Riot Cases: Delhi HC Suggests Reforms [Read Judgment]

The Delhi High Court, on Wednesday, upheld the jail terms of more than 80 people for their involvement in the 1984 anti-Sikh riots.While handing down the verdict, Justice RK Gauba lamented the delay witnessed in the case, noting that 34 years have passed since the incident, and 22 years have elapsed since the trial court verdict.“Is this what we call a potent and effective criminal...