News Updates
Arbitration Under MSMED Act For Supplies Made Prior To Registration, Void-ab-initio: Gujarat High Court
The Gujarat High Court has ruled that arbitral proceedings initiated under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) relating to the services provided by the claimant before its registration under the MSMED Act, are void-ab-initio. The bench of Dr. Justice A. P. Thaker held that for initiation of proceedings like conciliation and arbitration under the...
CBIC To Implement The E-Waste (Management) Rules, 2022 w.e.f. April 2023
The Central Board of Indirect Taxes and Customs (CBIC) has issued instructions regarding the implementation of the E-Waste (Management) Rules, 2022, which supersede the E-Waste (Management) Rules, 2016.The Ministry of Environment, Forestry, and Climate Change has notified the E-Waste (Management) Rules, 2022, in supersession of the E-Waste (Management) Rules, 2016, which shall come into force...
Sexual Harassment Complaint, Enquiry Proceedings Cannot Be Quashed Merely Because ICC Failed To Complete Enquiry Within 90 Days: Delhi High Court
Expressing a prima facie view, the Delhi High Court has observed that the complaint of sexual harassment and inquiry proceeding cannot be quashed merely because internal complaints committee (ICC) failed to complete inquiry within the time-frame of 90 days mentioned under section 11(4) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.“Needless...
Contractual Employees Cannot Be Terminated Without Issuance Of Notice: Kerala High Court
The Kerala High Court recently held that contractual employees cannot be terminated on the ground of 'unsatisfactory performance' of service without the issuance of notice or finding to that effect. Setting aside an order passed by Mananthavady Municipality by which the service of petitioners at Ayush NHM Homeopathic Dispensary was discontinued, Justice Anu Sivaraman said that the...
Sale Of Property Under SARFAESI Will Not Extinguish Prior Existing Charge For Dues Under State Tax Laws : Kerala High Court
The Kerala High Court on Friday held that the statutory charge created under the provisions of the Kerala General Sales Tax Act, 1963 and the Kerala Value Added Tax Act, 2003, prior to any mortgage made, against the dealers would remain intact, even if the property is sold by the Bank, by the rights conferred under Section 26E of the SARFAESI Act, 2002, and Section 31B of the Recovery of...
Payment Of Fees And Other Transactions should be Through Online Mode: NCDRC
The National Consumer Dispute Redressal Commission has directed that payment of fees and other transactions will take place through online mode only. This direction has been given vide. circular dated 09.01.2023. It is in accordance with the circular dated 07.11.2022, issued by the department of consumer affairs, govt. of India. The commission has directed that all kinds of payments...
Lucknow NIA Court Grants Bail To Abdullah Saud Ansari Accused Of Being An Active Member Of Banned Outfit PFI
A Court in Uttar Pradesh’s Lucknow district on Saturday granted bail to an alleged member of the banned origination Popular Front Of India (PFI), Adullahah Saud Ansari who was arrested last year in one of the raids conducted by the NIA. The Addl. District & Sessions Judge Special Judge,N.IA/A.T.S, Lucknow Vivekanand Sharan Tripathi found sufficient grounds to release him on...
Madras High Court Restraints TANGEDCO Employees From Going On Strike, Says Essential Services Will Be Affected
The Madras High Court has temporarily restrained the employees of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from going on a strike on January 10 or on any future date. While allowing the petition filed by one J Elumalai, the bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy held that since electricity is an essential service, if the...
Registration of Tread Pattern Nearly Identical To ‘Suit Pattern’ As A Design Would Not Disentitle It From Being Regarded As Trademark: Delhi HC
In a case relating the alleged copying of the tread pattern of tyres, the Delhi High Court has ruled that registration of a tread pattern, which is nearly identical to the suit pattern, as a design would not ipso facto operate to disentitle it from being regarded as a “trade mark” within the meaning of the Trade Marks Act, 1999. "At the highest, the matter would be one of trial, in which...
Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court
The Bombay High Court recently dismissed a man’s petition challenging the grant of maintenance to his wife, observing that a claim regarding wife's refusal during cross examination to undergo DNA test for ascertaining the paternity of girl child is not sufficient to draw an adverse inference.Justice Kishore C. Sant of the Aurangabad bench said: “Mere submission that question was asked...
Ad Industry Thrives On Creativity And Freedom Of Expression, Would Loathe A Govt Dictated Regulation: Delhi High Court
The Delhi High Court on Monday observed that the advertisement industry thrives on creativity and freedom of expression and would loathe a government dictated regulation, adding that not many industries enjoy a self- regulated regime. Justice Manoj Kumar Ohri made the observation while dismissing a plea filed by Dabur India seeking to restrain the Advertising Standards Council of India...
Videocon Group Chairman Venugopal Dhoot Files Fresh Plea In Bombay High Court Against Arrest In ICICI Bank Loan Fraud Case
Videocon Group Chairman Venugopal Dhoot has approached the Bombay High Court in a quashing petition alleging illegal arrest by the CBI in the ICICI Bank – Videocon loan fraud case and sought his release. The division bench of Justices Revati Mohite Dere and Justice Prakash Naik agreed to place the matter ‘high on board’ tomorrow after it was mentioned by Dhoot’s counsels this...