Kerala High Court Interprets Meaning Of 'Month' For Ascertaining Limitation Period Of Claim Petitions Under MV Act

The Kerala High Court recently interpreted the meaning of the word 'Month' for the purposes of ascertaining the limitation period of six months as stipulated under the Motor Vehicles Amendment Act, 2019.Justice Amit Rawal observed that, "Sub-section (35) of Section 3 of the General Clauses Act, 1987 applicable to the State of Kerala would mean a month reckoned according to the British...

Unregistered Partnership Firm Cannot Initiate Insolvency Proceedings Under IBC: NCLT Kochi

The National Company Law Tribunal (“NCLT”), Kochi Bench, comprising of Shri. P. Mohan Raj (Judicial Member) and Shri. Satya Ranjan Prasad (Technical Member), while adjudicating an application filed in The Bangalore Sales Corporation v Sark Spice Products Pvt. Ltd., has held that an unregistered Partnership Firm cannot institute insolvency proceedings under...

Kerala School Kalolsavams: High Court Directs Govt To Ensure No Mishaps Happen At Kalolsavams In Future; Advises Parents To Allow Children Accept Failure

The Kerala High Court on Tuesday dismissed a batch of petitions filed by aggrieved participants of Kerala School Kalolsavam's Revenue District Level School Kalolsavam.The Single Judge Bench of Justice Murali Purushothaman said the court caanot not sit in appeal over the award of marks by the panel of judges in a proceedings under Article 226 of the Constitution, as regards the grievance...

Bombay High Court Annual Digest 2022: Part I [Citations 1 – 257]

Citations: 2022 LiveLaw (Bom) 1 to 2022 LiveLaw (Bom) 257Nominal IndexXXX vs State of Maharashtra 2022 LiveLaw (Bom) 1Kishnabhai Nathubhai Ghutia & Anr v. The Hon'ble Administrator Union Territory & Ors. 2022 LiveLaw (Bom) 2Angre Port Private Ltd. Vs. TAG 15 (IMO. 9705550) & Anr 2022 LiveLaw (Bom) 3Ms. Kanaka Kedar Sapre & Mrs. Sudha Mukund Shukla (Mother) vs. Kedar Narhar...

NCDRC Directs TATA Housing To Refund The Entire Amount Paid For Flat Due To Deficiency In Service

The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the presiding member and Dr. Inder Jit Singh as member directed TATA Housing Development Pvt. Ltd. to refund the entire amount deposited by the complainants with an interest @9% p.a. The bench was hearing a complaint alleging unfair trade practice and deficiency in service on part of the...

Maintaining Goshalas Is An Executive Function, Expect State Govt To Provide Adequate Funds To Them: Telangana High Court

The Telangana High Court recently asked the state government to provide adequate funds to the goshalas through the State Animal Welfare Board by stressing that it is primarily the executive function of the State to look after and maintain goshalas. The bench of Chief Justice Ujjal Bhuyan and Justice C. V. Bhaskar Reddy passed this order on a PIL plea filed by Bharatiya Prani Mitra Sangh seeking...

Utterance Of Abuse By Taking Name Of Victim's Caste Not An Offence Under S 3(1)(x) SC/ST Act Unless Insult, Intimidation Intended: Orissa High Court

The Orissa High Court has reiterated that a charge under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - as was before the 2016 amendment, shall not be attracted merely because the accused uttered the name of victim's caste, unless it is done with an intention to insult or intimidate and to humiliate him for being a member of the SC or...

‘Electricity Integral Part Of Right To Life’: P&H HC Orders Restoration Of Tenant's Electricity Connection During Pendency Of Dispute With Landlord

The Punjab and Haryana High Court recently reiterated that electricity is an integral part of right to life as enshrined under Article 21 of the Constitution. The single bench of Justice Manjari Nehru Kaul was hearing the petition filed by one Om Parkash, a tenant-shopkeeper whose electricity supply was disconnected by his landlord, Balkar Singh. The supply was disconnected by...

J&K&L High Court Monthly Digest: December 2022 [Citation 228-274]

Nominal Index Kala Ram & Ors Vs State of J&K & Ors 2022 LiveLaw (JKL) 228 Ajay Pratap Vs UT of J&K and Ors 2022 LiveLaw (JKL) 229 M/s Shree Guru Kripa Alloys Pvt. Ltd. Vs State of J&K 2022 LiveLaw (JKL) 230Abass Ali Vs State of J&K & Ors 2022 LiveLaw (JKL) 231 Ram Gopal Meena Vs CBI 2022 LiveLaw (JKL) 232Rohit Sharma Vs State of J&K 2022 LiveLaw (JKL)...

UP Urban Body Polls| State Govt Constitutes A Committee For OBC Quota Survey To Fulfill 'Triple Test' Formality

The Uttar Pradesh Government on Wednesday constituted a 5 member committee (for a duration of 6 months) to carry out a survey to ensure adequate reservation for OBCs in the State Urban Body Polls by fulfilling the “triple test” formality as mandated by the Supreme Court.The decision to set up the committee was made by the state government a day after the Allahabad High Court directed...

High Court Directs J&K Admin To Remove Encroachments From Public Roads; DCs And SPs To Be Held Responsible For Any Violations

Taking serious note of the increasing encroachments of public roads and streets in Jammu and Kashmir, the High Court on Tuesday directed the J&K Government and Jammu Municipal Corporation to ensure that no structure of any kind is allowed or permitted to be raised on public road, street, pathway and lane.The division bench of Acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri...

Disclosure Of Impartiality By Arbitrator Appointed Under MSMED Act Not Against Spirit Of Section 24, Provisions Of A&C Act Shall Apply: Calcutta HC

The Calcutta High Court recently ruled that the overriding effect of Section 24 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) would not operate as an absolute bar upon an Arbitrator appointed under the special statute to disclose its independence and impartiality in accordance with the Arbitration and Conciliation Act, 1996.Justice Subhasis Dasgupta also held...