NCLT Mumbai Allows Withdrawal Of CIRP Against Meta Arch Pvt. Ltd.

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kuldip Kumar Kareer (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Ardex Endura (India) Private Limited v Meta Arch Private Limited, has permitted withdrawal of CIRP against Meta Arch Private Limited. Background Facts Meta Arch Private...

'Alleged Abusing Incident Took Place Inside Car': Allahabad HC Quashes Summoning Order, NBW Against Accused For SC/ST Act Offence

The Allahabad High Court recently quashed an order of the subordinate court issuing a summons to an accused for facing the trial of offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 as it noted that the alleged act of abusing the victim took place inside the car, and not in public view. The bench of Justice Raj Beer Singh relied upon the Uttarakhand...

LIFE Mission Case| M Sivasankar Moves Kerala High Court For Bail, Calls ED Case "Political Hit Job"

M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, has approached the Kerala High Court in the money laundering case related to alleged corruption in the LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project, a housing project of the Kerala Government for the homeless.The matter has been listed before the Single Judge Bench of Justice Kauser...

RTE Act| State Not Bound To Provide Free Text Books, Uniforms To All 6th-8th Class Private School Students: Allahabad HC

The Allahabad High Court has observed that the state is not bound to provide free textbooks and uniforms to all the students studying in unaided junior high schools being managed by private management. The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi however added that the state and local authorities do have a duty to provide free textbooks and uniforms each...

Jurisdiction To Execute An Arbitral Award Is With District Court, Not Commercial Court: Kerala High Court

The Kerala High Court on Tuesday held that the District Court has the jurisdiction to execute an arbitral award and the commercial court has not been conferred such jurisdiction under the Commercial Courts Act, 2015.A single bench of Justice C S Dias evaluated the scheme of the Commercial Courts Act, 2015 to answer whether a commercial court was given jurisdiction to entertain an...

Central Government Notifies Prevention of Money-laundering (Maintenance of Records) Amendment Rules, 2023

On 7th March, 2023, the Ministry of Finance, Department of Revenue, Government of India notified the 2023 Amendment to the Prevention of Money-laundering (Maintenance of Records) Rules, 2005. The rules have been made in exercise of power vested in the Central Government under Section 73 of the Prevention of Money-Laundering Act, 2002. By inserting Clause (cba), ‘Group’ has been defined...

Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court

The Karnataka High Court has made it clear that even if a person was intoxicated or smelling with alcohol, the same cannot be an excuse for the driver of a bus for causing the road traffic accident and causing injuries to the injured person.A single judge bench of Justice Dr H B Prabhakara Sastry allowed the petition filed by claimant Murugan T and set aside the order rejecting the...

Karnataka Excise Act | A Partner Cannot Apply For Renewal Of Licence While His Lawsuit For Dissolution Of Firm Is Pending: High Court

The Karnataka High Court has held that a partner who files suit seeking dissolution of the partnership firm and which is pending adjudication, cannot seek for renewal of licence under the Karnataka Excise Act, for continuance of the business.A single judge bench of Justice Suraj Govindaraj allowed the petition filed by one Nagalinga and quashed order dated 08.12.2021 passed by the...

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act (POCSO Act), on doubting the veracity of the prosecution version. Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the alleged incident. "There is...

Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC

The Gauhati High Court recently altered the murder conviction of a man who stabbed his friend in the neck, to that of culpable homicide not amounting to murder on the ground that there was no evidence to show that the offence was committed with an intention or motive to kill the deceased. While setting aside the conviction of the appellant under Section 302 (Murder) IPC, the division bench...

NCLAT Delhi Upholds Remitting Of Resolution Plan Back To COC For Compliance Of Sec 30(2) IBC

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Noble Marine Metals Co WLL v Kotak Mahindra Bank Limited & Ors., has upheld the order of Adjudicating Authority whereby a Resolution Plan was remitted back to the Committee...

No Bar On Sale Of Corporate Debtor As A Going Concern After First Auction, Permission Of AA not required: NCLT Delhi

The National Company Law Tribunal (“NCLT”), New Delhi Bench, comprising of Shri Ashok Kumar Bhardwaj (Judicial Member) and Shri L.N. Gupta (Technical Member), while adjudicating a petition filed in Mr. Surinder Manchanda v Nolsar International Limited, has held that there is no bar on the sale of Corporate Debtor as a going concern even after the first auction has taken place and...