Railway Authority Liable To Pay Compensation Even If Claimant Was Trying to De-board Moving Train: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that the Railway Authority is liable to pay compensation under Section 124-A of the Railways Act to a Claimant who met with an accident while deboarding a moving train. Section 124-A of the Railways Act, 1989 (“the Act”) deals with compensation on account of untoward incidents. The bench comprising Justice G. S. Ahluwalia observed...

Plea In Delhi High Court Alleges ‘Large Scale Rigging’ In LLB, LLM Entrance Exams Of Delhi University

A petition has been filed before the Delhi High Court alleging “large scale rigging”, question paper leak and manipulation of final results in LLB and LLM entrance exams for academic session of 2022. Justice Purushaindra Kumar Kaurav directed the varsity and NTA to seek instructions in the matter, while listing it for hearing on March 22. However, the court has not yet issued a formal...

No Simultaneous CIRP Proceedings Against Same Corporate Debtor: NCLT Ahmedabad

The National Company Law Tribunal (“NCLT”), Ahmedabad Bench, comprising of Dr. Deepti Mukesh (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating a petition filed in Vrundavan Residency Pvt. Ltd. v Mars Remedies Pvt. Ltd., has held that there cannot be simultaneous CIRP proceedings against the same Corporate Debtor. The Bench declined to initiate...

Orissa High Court Monthly Digest - January 2023 [Citations 1-13]

Nominal IndexAnimesh Chakraborty v. State of Odisha, 2023 LiveLaw (Ori) 1Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw (Ori) 2Soli @ Sulachana Jena & Anr. v. Chief Executive Officer, NESCO (Electrical), Balasore & Anr., 2023 LiveLaw (Ori) 3Sk. Jumman @ Badruddin v. State of Odisha, 2023 LiveLaw (Ori) 4Santosh Kumar Nayak v. State of Odisha, 2023 LiveLaw (Ori) 5Girish...

Following Noise Pollution Rules At Construction Site: Adani-Vizhinjam Port To Kerala High Court

The Kerala High Court on Tuesday recorded the submission of the Vizhinjam International Sea Port Limited and Adani Vizhinjam Port Private Limited that it has been maintaining and will continue to maintain the sound levels at the construction site of the Vizhinjam International Transhipment Deepwater Multipurpose Seaport. within the limits prescribed under the Noise Pollution (Regulation...

Nature Of Financial Debt Doesn’t Change Upon Breach Of Consent Terms: 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 Priyal Kantilal Patel v IREP Credit Capital Pvt. Ltd. & Anr., has held the nature of financial debt would not change on account of breach of the consent terms. The Bench has...

‘State Of Anarchy Brought About By Govt’: Meghalaya High Court Raps State For Aiding Illegal Coal Mining, Unlicensed Plants

The Meghalaya High Court has pulled up the State Government for its inaction against illegal coke plants functioning in the state.While expressing severe disappointment, the Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: “It is a matter of crying shame that despite orders of the Supreme Court, no less, a state of anarchy is brought about by the...

Question Of ‘Accord And Satisfaction’ Cannot Be Determined Under Section 11 Of The A&C Act: Calcutta High Court

The High Court of Calcutta has held that the jurisdiction of the Court under Section 11 of the A&C Act is limited to the examination of the existence of the arbitration clause and determination of an arbitrable dispute. The bench of Justice Shekhar B. Saraf relied on the judgment in Mayavati Trading v. Pradyvat Deb Burman[1] to hold that a Court exercising powers under Section 11...

Doctor Not Responsible For Patient Not Favorably Reacting To Treatment; NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal as Presiding Member, Dr. S.M. Kantikar and Mr. Binoy Kumar as Members disposed of a consumer complaint filed by the husband (Complainant) of a patient who went into coma after her surgery accusing the doctor (Opposite Party 2) and the Hospital (Opposite Party 2) of negligence. The...

'Extreme Inefficiency': Calcutta High Court Again Expresses Displeasure At CBI Probe In Recruitment Scam Case, Removes CBI Officer

The Calcutta High Court on Thursday expressed displeasure at the progress of the investigation by the Central Bureau of Investigation (CBI) into alleged irregularities in recruitments for government-aided schools in West Bengal. Justice Abhijit Gangopadhay on Tuesday had removed investigation officer Somnath Biswas from the special investigation team (SIT) of the CBI that is probing...

Flipkart's Delivery Partner Instakart Not Dealer, Agent Or Importer Under Maha Municipal Corporation Act; Not Liable To Pay Local Body Tax: Bombay HC

The Bombay High Court recently held that Flipkart’s delivery partner Instakart is not an importer, commission agent or a dealer under the Municipal Corporation Act, 1888 and is not amenable to Local Body Tax (LBT).A division bench of Justice Sunil B. Shukre and Justice M. W. Chandwani while setting aside Pune Municipal Corporation’s notice asking Instakart to register for assessment of...

Children Being Forced To Work In Factories Right Under Nose Of Govt, Police: Delhi High Court, Orders Inspection Of Units Employing Child Labourers

The Delhi High Court has ordered that a committee be constituted in each district for inspection of the premises where units are employing child labourers, and called for a status report regarding the action taken. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that under the supervision of Chief Secretary of Delhi, the Deputy Commissioner of Police...