MP Rajan Vichare Moves Bombay High Court For Restoration Of Security, Accuses Shinde-Led Govt Of Intimidating Thackeray Faction Leaders

Member of Parliament Rajan Vichare from Uddhav Balasaheb Thackeray (UBT) Shiv Sena camp has approached the Bombay High Court against Maharashtra Chief Minister Eknath Shinde, Dy CM Devendra Fadnavis and others regarding the decision to reduce his security to just one constable. The plea states that while CM Shinde-led government is providing double police security to the Private...

High Court Directs Delhi Govt To Ensure Free Food, Medical Treatment To Below Poverty Line HIV+ Persons

The Delhi High Court has directed the Delhi Government to ensure free food and medical treatment to HIV positive persons, who are below the poverty line and are unable to afford the same in the national capital.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also directed the Delhi government to ensure strict compliance of Human Immunodeficiency Virus...

When COC Approves A Resolution Plan, It Is Presumed To Be Viable And Feasible: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Shri Kanthi Narahari (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Rajesh Kumar & Ors. v Rabindra Kumar Mintri & Anr., has held that when the Committee of Creditors (CoC) approves a Resolution Plan in...

Delhi High Court Seeks Centre’s Response On Augmenting Number Of DRTs In National Capital

The Delhi High Court has sought response of the Central Government on augmentation of number of Debt Recovery Tribunals (DRTs) to deal with large pendency of cases and the facilities for efficient conduct of proceedings.A division bench of Justice Najmi Waziri and Justice Gaurang Kanth asked the Secretary of Ministry of Finance, Department of Financial Services to look into the matter...

Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court

Noting that there is always a presumption about the correctness of an exam answer key, the Allahabad High Court recently observed that in the event of doubt over the correctness of an answer key, the benefit should go to the examination authority rather than to the candidate.With this, the bench of Justice J. J. Munir dismissed a writ plea of one Gyan Prakash Singh challenging his...

Tax Cases Monthly Round-Up: December 2022

Indirect Taxes Supreme Court Small Tax Effect: Monetary Limit To Prefer An Appeal Before The Supreme Court Is Rs. 2 crores: Supreme Court Case Title: CIT Versus Swapnil Finance Pvt. Ltd. The Supreme Court disposed of the appeal on the ground of low tax effects. The division bench of Justice M.R. Shah and Justice Sudhanshu Dhulia observed that the monetary limit to file an...

Dispute Regarding Non-Payment Of Dues Can’t Be Referred To Arbitration, If Liability Is Admitted: Punjab and Haryana High Court

The Punjab and Haryana High Court has ruled that where the liability to pay dues under a Contract is admitted by the parties, the dispute between them relating to non-payment cannot be said to be a dispute that ‘arose out of’ or ‘in connection with’ the Contract and thus, it cannot be referred to arbitration. While holding that it was a simple case of non- payment of the...

NCLAT Issues Fresh Directions For Computation Of Limitation In Filing Of Appeals, Withdraws Earlier Directions

The National Company Law Appellate Tribunal (“NCLAT”) vide an Order dated 24.12.2022 has issued fresh directions for computation of limitation for filing of appeals before NCLAT. The period of limitation shall be computed from the date of e-filing and hard copy has to be filed within 7 days of e-filing. However, the Competent Authority is at liberty to extend the period of filing...

Monthly Digest Of IBC Cases: December 2022

Supreme Court Provisional Attachment Under PMLA Subsequent To Initiation Of CIRP: Supreme Court To Consider The Issue Case Title: Ashok Kumar Sarawagi v Enforcement Directorate & Anr. Case no.: Special Leave Petition (Civil) Diary No(S). 30092/2022 The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka, has permitted the CIRP...

NCLT Kochi Initiates Insolvency Process Against Personal Guarantor Of Trivandrum International Health Services Ltd.

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 Dhanalaxmi Bank Ltd. v Dr. Bharath Chandran, has initiated Insolvency Resolution Process against Dr. Bharath Chandran, the personal guarantor and Promoter of M/s. Trivandrum...

Congress MLAs' Mass Resignation: Rajasthan High Court Asks Speaker CP Joshi To Clear His Stand/Decision In 10 Days

The Rajasthan High Court today granted 10 days’ time to the Rajasthan assembly Speaker, CP Joshi to clear his stand/decision on the resignation submitted by 91 congress MLAs before him in September 2022. The bench of Chief Justice Pankaj Mithal and Justice Shubha Mehta asked the Advocate General to obtain instructions from the speaker and make his stand clear in the court. The...

Arbitration Cases Monthly Round-Up: December 2022

High courts Allahabad High Court: Section 9 Application, Against Cashing Unconditional BG; Court To Consider Only Terms Of BG: Allahabad High CourtCase Title: U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd.The Allahabad High Court has ruled that while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996...