News Updates
Weekly Digest Of IBC Cases: 30 January To 5 February 2023
Supreme Court Jet Airways Insolvency: Supreme Court Affirms NCLAT Order Directing Successful Bidder To Clear PF, Gratuity Dues Of Employees Case Title: Jalan Fritsch Consortium v Regional Provident Fund Commissioner and Anr. Case No.: C.A. No. 407/2023 The Supreme Court Bench comprising of Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala, refused...
Land Shown As Common Area Belongs To Flat Owners, Builder Cannot Sell It: Madras High Court
The Madras High Court has recently observed that when a land is shown as a common area and is developed as a common facility, it belongs to the flat owners of the building.Once the land is shown as a common area and common facility is developed, the land will belong to the owners of such common facility. If there is a mistake in the calculation of the (undivided share) UDS, it has got to...
Departmental Enquiry Can't Be Dispensed Merely On Ground That Minor Penalty Is Imposed On Employee: Chhattisgarh High Court
The Chhattisgarh High Court on Friday, directed to restore the payment and annual increment of an official of SAIL on the ground that no departmental enquiry has been initiated against him. The petitioner was posted as Deputy General Manager (Inspection Deptt.) at Bhilai Steel Plant (BSP) and was entrusted with the job of organizing inspection of the refractory material at...
Mumbai Court Sentences Businessman To 3 Months Imprisonment For Negligence After His 'Aggressive' Rottweiler Dog Attacked 72-Yr-Old Relative
A Metropolitan Magistrate Court in Mumbai convicted and sentenced a businessman to three months imprisonment for negligence under Section 289 of the IPC after his Rottweiler dog attacked a 72-year-old relative and bit him thrice thirteen years ago. Metropolitan Magistrate Nadeem Patel observed that being the owner, convict Cyrus Hormusji was fully aware of the dog’s...
Allahabad High Court Weekly Round-Up: January 30 to February 5, 2023
NOMINAL INDEX Javed Mohammad @ Pump vs. State of U.P. 2023 LiveLaw (AB) 43 Abbas Ansari and another vs. State of U.P. and 2 others 2023 LiveLaw (AB) 44 Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others 2023 LiveLaw (AB) 45 Fuzail vs. State of UP 2023 LiveLaw (AB) 46 Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social...
State Commissioner For Persons With Disabilities Can Only 'Recommend' KPSC To Provide Exam Centres Near Residence Of Disabled Candidates: Kerala HC
The Kerala High Court recently held that the order issued by the State Commissioner for Persons with Disabilities to the Kerala Public Service Commission (KPSC) directing it to provide candidates with disabilities, who are participating in its selection process, with examination centres near their residences, was beyond the scope of its powers. The Single Judge Bench of Justice Shaji P....
Jurisdiction | “Ordinarily Resides” U/S 9 Guardians & Wards Act Doesn't Concern Time Spent At A Particular Place But Intention To Reside: MP High Court
The Madhya Pradesh High Court, Indore Bench recently reiterated that the term “ordinarily resides” under Section 9 of the Guardians and Wards Act has to be determined based on the intent of the person concerned residing at a particular place upon reaching there. Section 9 of the Guardians and Wards Act (“the Act”) deals with the jurisdiction of Court with respect to...
Centre Notifies Appointment Of 13 Additional Judges To High Courts Of Allahabad, Karnataka & Madras
The Central Government today notified the appointment of 2 Judicial Officers and 11 Advocates As Additional Judges to High Courts of Allahabad, Karnataka and Madras.According to the notification, Advocates Syed Qamar Hasan Rizvi, Manish Kumar Nigam, Anish Kumar Gupta, Nand Prabha, Shukla Kshitij Shailendra and Vinod Diwakar have been appointed as Additional Judges of the Allahabad High...
‘No Provision Obliges Civic Body To Kill Innocent Animals’: Allahabad HC Dismisses Plea For Killing Of Birds, Dogs Creating Nuisance
The Allahabad High Court last week dismissed a Public Interest Litigation (PIL) plea seeking a direction to the Lucknow Nagar Nigam to discharge their duty of destructing the birds or animals causing nuisance or vermin and destructing the stray or ownerless dogs in the city of Lucknow. The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi observed that such a direction cannot...
‘We Are Not Lawmakers, Can’t Issue Such Directions’: Delhi High Court On PIL To Conduct Lok Sabha, Legislative Assembly Polls Together In 2024
The Delhi High Court on Monday refused to pass directions on a public interest litigation praying that Centre and Election Commission of India be directed to ascertain the feasibility of conducting elections to Lok Sabha and Legislative Assembly together in 2024.“We cannot do it. We are not lawmakers. We know our limitations. We ensure compliance of law. We can’t issue such mandamus,”...
'Serious Allegations Maligning Entire Judiciary' : Kerala High Court Refuses To Stay FIR Against Advocate Saiby Jose In Bribery Case
The Kerala High Court on Monday refused to stay the FIR registered against the Kerala High Court Advocates Association President, Advocate Saiby Jose Kidangoor, over allegations that he has collected money from clients under the pretext of bribing High Court judges.At the outset, the Court asked him why he has moved the Court in hurry within two days of registering the FIR.A bench of...
Employee's Length Of Service And Employer's Conduct Relevant Considerations While Granting Back-Wages: Madhya Pradesh High Court
The Madhya Pradesh High Court at Jabalpur bench held that while granting back-wages, the length of service of an employee is required to be taken note of and at the same time, the conduct of the employer is also required to be seen. The bench of Justice Sanjay Dwivedi was hearing a petition filed under Article 226/227 of the Constitution challenging the award of Labour Court through...