NCLT Delhi Rejects Scheme Of Amalgation For Being Non Compliant Of Section 72A(2) Of Income Tax Act

The National Company Law Tribunal (“NCLT”), New Delhi Bench, comprising of Shri Bachu Venkat Balaram Das (Judicial Member) and Shri L.N. Gupta (Technical Member), while adjudicating a petition filed in Minda TG Rubber Pvt. Ltd. v Toyoda Gosei Minda India Pvt. Ltd., has rejected the Scheme of Amalgamation proposed by Minda TG Rubber Pvt. Ltd. for being non compliant of Section 72A(2)...

Karnataka Examinations Authority Cannot Withhold Students' Original Documents In Absence Of Enabling Rules: High Court

The Karnataka High Court has made it clear that Karnataka Examinations Authority (KEA) cannot, in the absence of enabling rules, withhold the original documents of medical students who have participated in the second round of counselling and secured a seat and then desire to participate in the counselling process elsewhere in other states. A division bench of Justice S Sunil Dutt Yadav...

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order under Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, observing that it seems to have been passed for the pleasure of passing an order. Justice Rahul Bharti said that the petitioner was on bail in the case under NDPS Act, thereby he was in regular attendance before the...

Jharkhand High Court: Important Judgments Of 2022

Citations: 2022 LiveLaw (Jha) 1 to 97NOMINAL INDEXRinki Kumari @ Anita Kumari v. Kundan Kumar @ Kundan Kumar Singh, 2022 LiveLaw (Jha) 1Arun Kumar Prajapati v. State of Jharkhand, 2022 LiveLaw (Jha) 2Kayum Ansari v. Central Coal Feild Limited, 2022 LiveLaw (Jha) 3Ashok Kumar Singh & Ors v. the State of Jharkhand and Other Connected Matters, 2022 LiveLaw (Jha) 4National Insurance...

Don’t Stop Salary Of State Employees For Not Opting For National Pension System Until Further Orders: Allahabad HC To UP Govt

The Allahabad High Court has directed the state government that until further orders, it shall not stop the salary of its employees only on the ground that they have not opted for National Pension System. The bench of Justice Pankaj Bhatia passed this order on Tuesday while dealing with a writ plea moved by certain state employees (Yogendra Kumar Sagar and others) challenging the...

Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application

Advocate Surendra Gadling an accused in the Bhima Koregaon – Elgar Parishad Caste violence case has approached the Bombay High Court against rejection of his default bail application by the Special NIA Court. In the plea under Section 21(4) of the NIA Act Gadling has blamed the prison department for the delay of nearly two months in receiving certified copies of the order of the...

Parents In Matrimonial Disputes Not Filing Applications For Minor Children's Maintenance, Duty Of Courts To Protect Their Interest: Madras High Court

- 'Wife Is Educated And Could Support Herself’ Is No Answer To Maintenance Claim, Husband’s Obligation Higher

- Denial Of Visitation Right Not A Ground To Grant Exemption From Payment Of Maintenance

PO, Though Not Having Arbitartion Clause, Intrinsically Linked To Main Agreement, Dispute Arbitrable: Delhi High Court

The Delhi High Court has ruled that the parties would be governed by the arbitration clause contained in the Contract, even though the arbitration clause is not specifically incorporated in the purchase orders. The bench of Justice Mini Pushkarna held that the purchase order was not independent of the Contract and that the parties clearly intended the Contract to be the main...

Gujarat High Court Asks State Govt To Specify Measures Taken To Stop Use Of Chinese Manjha In State

The Gujarat High Court has asked the state government to specify measures taken by it to implement HC’s 2017 order putting a ban on Chinese lanterns and kite strings in the state during the festival of Uttarayana. The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri sought to know the status of the effective implementation of the HC’s order while dealing with...

Decision Of CG Not To Impose Anti-Dumping Duty, Quasi-Judicial In Nature; Principles Of NJ Must Be Followed: CESTAT

The New Delhi bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has reiterated that the decision taken by the Central Government to not impose anti-dumping duty under Section 9A of the Customs Tariff Act, 1975, is quasi-judicial in nature and not legislative, and thus, the requirement of a reasoned order must be compiled with. The Tribunal ruled that the...

Haldwani Evictions : Reasons Given By Uttarakhand High Court To Order Evictions In Gafoor Basti Near Railway Land [Read Judgment]

The Uttarakhand High Court last month ordered the Railway and local authorities to demolish the encroachment on railway land in Ghafoor Basti located in the Banbhoolpura area of Haldwani by giving a week's notice to the encroachers. The Court ordered thus while holding that the area in question is the property of the railway, and not Nazul land, as claimed by the dwellers. It may be...

Bombay High Court Adjourns PIL Seeking Postponement Of JEE Mains, Asks Petitioner To Bring Relevant Documents On Record

The Bombay High Court Wednesday adjourned a plea seeking postponement of the JEE Mains 2023 (Session 1) to after it noted that the petitioner has failed to file on record the brochure of the exam. The case was adjourned to Tuesday."You have not filed the rules that you are challenging? How can you file petition without the rules which you are challenging?...We have to see how it is unfair,"...