Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court

The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent.A single judge bench of Justice Jyoti Mulimani observed,“The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State Government. The Act does not empower...

Sandeep Kudale's Criticism Of Minister Chandrakant Patil’s Alleged Derogatory Statements On Ambedkar Not Offence U/S 153A IPC: Bombay High Court

The Bombay High Court while quashing two FIRs against a Congress party-worker has observed that expressing an opinion, dissent and condemning what was stated by a Minister can “by no stretch of imagination be said to be an act intended to cause disorder or to incite people to violence.” The court said that this was sine qua non to constitute an offence under Section 153A of the IPC.A...

NCLAT Delhi Sets Aside Rs. 25000 Cost Imposed On Resolution Professional By AA

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 Sanjai Kumar Gupta v Gouri Prasad Goenka, has set aside an order whereby the Adjudicating Authority had imposed a cost of Rs. 25,000/- on Resolution Professional for allegedly filing...

Take A Decision On Granting Sanction To Attach DMRC's Assets For Payment Of Unpaid Dues To Reliance Infra: Delhi High Court Directs Centre

Delhi High Court on Monday directed the union government to take a decision whether it proposes to accord sanction under Section 89 of Delhi Metro Railway (Operation And Maintenance) Act, 2002, for attachment of the movable and immovable assets of DMRC for satisfaction of the amounts payable under a 2017 arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Private...

Trial Court Not Bound To Conduct Enquiry U/S 329 CrPC Merely On Counsel's Submission That Accused Is Of Unsound Mind: Kerala High Court

The Kerala High Court recently held that a trial court is not bound to conduct a detailed enquiry into whether an accused is of unsound mind simply based on a submission made by the counsel for the accused.A single bench of Justice K Babu observed,“If there is something in the demeanour of the accused or in the facts of the case, which raise doubt in the mind of the Court that the accused is...

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision

The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not...

Weekly Digest Of IBC Cases: 20 February To 26 February 2023

NCLAT Principal Amount Paid In Full, Section 9 Application Not Maintainable For Recovery Of Interest: NCLAT Delhi Case Title: Rohit Motawat v Madhu Sharma Case No.: Comp. App. (AT) (Ins) No. 1152 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha...

North East High Courts Weekly Roundup [February 20 - February 26, 2023]

Weekly round up of LiveLaw's coverage from High Courts of Gauhati, Manipur, Meghalaya, Sikkim and Tripura:Gauhati High CourtNominal Index:Jagat Chetri v. The Union of India & 5 Ors 2023 LiveLaw (Gau) 29Deep Jyoti Nath Vs State Of Assam 2023 LiveLaw (Gau) 30Babul Ahmed v. The Union of India & 5 Ors 2023 LiveLaw (Gau) 31Babul Ahmed v. The Union of India & 5 Ors 2023 LiveLaw...

Joint Locker Hirer Not Liable To Secure Letter Of Administration To Operate Locker Upon Death Of One Of Hirers: Kerala High Court

The Kerala High Court recently held that a joint owner of a locker is entitled, as of right, to operate the locker, independent of the other owner, and thus, would not have to secure any letters of administration or probate under Section 29 of the Administrators-General Act, 1963, pursuant to the death of the other owner. Perusing Section 218 of the Indian Succession Act, 1925, that stipulates...

Bombay High Court Weekly Round-Up: February 20 To February 26, 2023

Nominal Index [Citation 110 - 119]Mahipati Antu Jadhav v. State of Maharashtra 2023 LiveLaw (Bom) 110Sunil Rama Kuchkoravi v. State of Maharashtra 2023 LiveLaw (Bom) 111Ms. M. V. Nordlake GmbH v. Union of India 2023 LiveLaw (Bom) 112Pr. Commissioner of Income-Tax v. Godrej & Boyce Mfg. Co. Ltd. 2023 LiveLaw (Bom) 113ACC Ltd. v. Dr. Rustum Samboyce And Ors. 2023 LiveLaw (Bom) 114Naresh...

Toolkit Case: Delhi High Court Asks Centre About Current Status Of Investigation Against Disha Ravi

The Delhi High Court on Monday directed the Union of India to file a response on the current position and status of investigation against climate activist Disha Ravi relating to the case against her in connection with the “toolkit” over 2021 farmers protests.Justice Prathiba M Singh was hearing Ravi’s plea seeking to restrain Delhi police from leaking to the media any investigation...

CCI To Decide Whether It Has Jurisdiction To Investigate Alleged Cartelization By Debt Trustee Units Of IDBI, Axis & SBICap: Bombay High Court

The Bombay High Court on Tuesday disposed of four petitions challenging Competition Commission of India’s investigation into alleged cartelization and price fixing by debenture trustee units of Axis, SBICap and IDBI.A division bench of Justice G. S. Patel and Justice Neela Gokhale kept all contentions including the issue of jurisdiction open and stated that the CCI will have to decide...