Benefit U/S 10A Of IBC Can Only Be Claimed When Default Occurs During Prohibited Period: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Vishal Agarwal v ICICI Prudential Real Estate AIF-I & Anr., has held that benefit under Section 10A of IBC can only be claimed when there is clear default during the prohibited...

NCLT Prescribes Dress Code For Members, Lawyers, RP, Authorized Representative & Parties In Person

The National Company Law Tribunal (“NCLT”) has issued an order dated 27.01.2023 specifying the dress code for NCLT President, NCLT Members, Legal Practioners, Authorized Representatives, Interim Resolution Professional, Liquidator, Resolution Professional and parties in person. The prescribed dress code is as under: President and Members: Long trousers (White/Black, Black...

BREAKING - Delhi Court Grants Bail To Accused Shankar Mishra In Air India Urination Case

A Delhi Court on Tuesday granted bail to Shankar Mishra, who is accused of urinating on an elderly woman on a New York-Delhi Air India flight in November last year.Additional Sessions Judge Harjyot Singh Bhalla granted bail to Mishra subject to furnishing a bail bond of Rs. 1 lakh. Copy of the order is awaited.Mishra was denied bail by a MM court earlier this month. The court had observed...

[NDPS Act] Explore Possibility Of Establishing Special Courts Covering 100 Km Radius Or One For Every Four Districts: Madras HC To State

While noting that there are only seven Special Courts to deal with NDPS cases at present, the Madras High Court suggested setting up of Special Courts covering 100 km radius or a Special Court for every four districts. Justice B Pugalendhi suggested the same after noting that the Investigating officers were finding it difficult to follow up with the cases as they had to...

Consider Expanding Para-Legal Volunteers Scheme To All Police Stations In Delhi: High Court To Authorities

The Delhi High Court on Tuesday directed various stakeholders to consider steps to expand implementation of Delhi State Legal Services Authority’s (DSLSA) scheme for engaging paralegal volunteers (PLVs) in all police stations of the national capital. The volunteers are meant to provide help in cases concerning missing children and offences against minors. The scheme was initially rolled out...

Convict's Death Does Not Discharge His Liability To Pay Fine Imposed By Court, Can Be Recovered From His Estate: Karnataka High Court

The Karnataka High Court has said that death of the convict does not discharge his liability from paying fine and compensation imposed by court. It can be recovered from the property which goes to his legal heirs after his death and they are legally liable for payment of fine. A single judge bench of Justice Shivashankar Amarannavar made the observation while dismissing an...

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC

A Petition has been recently moved before the Kerala High Court challenging the provision of the Special Marriage Act, to the extent that it mandates a waiting period of 30 days after submission of the notice of intended marriage. The Writ Petition was filed seeking a declaration that the mandatory waiting period is unconstitutional or a declaration that the 30 days period after submission of...

'Speedy Trial Is A Constitutional Right': Calcutta HC Quashes A 2011 Case Against Army Personnel Accused Of Outraging Woman's Modesty

While quashing criminal proceedings initiated against an Indian Army personnel by invoking its inherent powers under Section 482 of CrPC, the Calcutta High Court has recently underscored that the right to a speedy right is a constitutional right. Justice Siddhartha Roy Chowdhury observed,“Right to have speedy trial since been considered as constitutional right, I consider it expedient...

Disciple Rape Case| Gujarat Court Sentences Self-Styled Godman Asaram To Life Imprisonment

A Court in Gujarat's Gandhinagar District today sentenced Self Styled Godman Asaram to life imprisonment in connection with a case in which he was convicted yesterday for repeatedly raping a disciple in his Ahmedabad based Ashram.aIt may be noted that yesterday, the Court convicted him in the case while acquitting six others including his wife, son, and daughter in the matter. Asaram has...

Tripura High Court Expresses Concern Over Attack At Former CM Biplab Deb’s Residence, Says Police Could Have Been More Diligent

The Tripura High Court last week expressed concern over the recent attack at former Chief Minister and Member of Parliament Biplab Kumar Deb's residence. The court had taken suo motu cognizance of the matter on the basis of news reports published in the local newspapers with regard to the incident. According to the reports, the CPI(M) "assailants" allegedly ransacked and damaged a...

‘Unhealthy Pattern Of Not Filing Responses In Time, Will Impose Costs If Time Schedule Not Adhered To’: Delhi High Court Warns Govt Authorities

Taking exception to the “unhealthy pattern” of not filing status reports and affidavits in time, the Delhi High Court has cautioned the government authorities, state departments and corporations that costs would be imposed if the time schedule for pleadings fixed is not adhered to.Justice Prathiba M Singh observed that usually all the governmental authorities, despite specific directions,...

Appoint Guest Lecturers In Govt Colleges Only If They Meet Minimum Educational Qualification Prescribed By UGC: Karnataka HC To State

The Karnataka High Court has suggested to the State Government to appoint guest lecturers in government colleges only if they meet the minimum educational qualification prescribed by the UGC. A single judge bench of Justice B M Shyam Prasad made the observation while disposing of a batch of petitions filed by guest lecturers questioning the government order dated 14.01.2022,...