'Rent' Includes All Charges Paid By Tenant In Connection With Suit Premises: Calcutta HC While Including Commercial Surcharge & Municipal Taxes

The Calcutta High Court on Tuesday reiterated that the term "rent" includes all payments agreed to be paid by the tenant to the landlord for use and occupation not only of the suit premises and its appurtenances but also for furnishing, electrical installations and other amenities agreed upon. The Court defined rent as the consideration or price paid for enjoyment of suit...

Bombay High Court Quashes Fresh Tenders For Loha-Kharwandi Highway

The Bombay High Court recently set aside the central government's decision to float new tenders for upgradation of the Loha-Kharwandi highway. The government had cancelled the earlier tender process due to mentioning of an "incorrect" deadline for completion of work in the tender advertisement. The division bench of Justice Mangesh Patil and Justice Y. G. Khobragade of the Aurangabad bench...

State Consumer Commission Not Empowered To Exercise Powers Of Review And Set Aside An Ex-Parte Order: JKL HC Reiterates

The Jammu and Kashmir and Ladakh High Court recently reiterated that State Consumer Commissions and District Consumer Forums are not empowered to exercise powers of review and set aside ex parte orders unless a statute empowers them for the same. The observations came from Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta while hearing a plea in terms of which the petitioner...

Limitation Period Won't Come In Way Of Moving Applications For Compensation To Victims Of Sexual Offences: Delhi High Court

Directing Delhi State Legal Services Authority (DSLSA) to move applications on behalf of the victims of sexual offences for compensation in the cases registered between 2012 to 2017, the Delhi High Court has clarified that there will be no requirement to file a separate application for condonation of delay to seek compensation in such cases.Observing that since no limitation for filing...

[Portuguese CPC] Bombay HC Directs Cancellation Of Goan Couple's Marriage Registration Based On Foreign Decree

The Bombay High Court at Goa cancelled the marriage registration of a Goan couple relying on a divorce decree passed by the Family Court sitting at the Court and Tribunal Service Centre in England, allowing a petition under Article 1101 of the Portuguese Code of Civil Procedure, 1939. Even as the couple was divorced by a "Decree Absolute," they continued to be a married couple according...

Plea In Madras High Court Challenges Provisions Of Assisted Reproductive Technology (Regulation) Act

A group of women has approached the Madras High Court challenging the constitutional validity of Section 27(2) of the Assisted Reproductive Technology (Regulation) Act 2022. They also seek reading down of Section 21(b) of the Act so as to allow oocyte donors to make at least 6 oocyte donations in their lifetime as per the guidelines of Indian Council for Medical Research...

AA Shall Either Approve Or Reject The Resolution Plan, No Power To Modify It: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar (Judicial Member) and Dr. Ashok Kumar Mishra (Technical Member), while adjudicating an appeal filed in Mathuraprasad C Pandey & Ors. v Partiv Parikh & Anr., has held that when a Resolution Plan is presented before the Adjudicating Authority for approval, it is clear...

Bombay High Court Allows Flat Owner To Recover Over 46 Lakhs Terrace Repair Expenses From Housing Society

The Bombay High Court recently allowed a flat owner to recover over Rs. 46 lakhs from a cooperative housing society as expenses for repairing the building terrace which the society had neglected since 1992. "Court is of the view, had the Society repaired and maintained overhead terrace on the 8th floor and Disputant (flat owner) would not have suffered over a period, since 1992...

Testing Of Aviation Personnel For Psychoactive Substances Essential, No Impediment In Implementing Civil Aviation Requirements: Delhi High Court

The Delhi High Court has observed that testing of aviation personnel, including pilots, cabin crews and Air Traffic Controllers (ATCs), for psychoactive substances is essential, considering the nature of services being rendered by them. Justice Prathiba M Singh gave nod to the implementation of Civil Aviation Requirements (CAR) issued by the Ministry of Civil Aviation on January 31 for...

IBC Cases Weekly Round-Up: 13th To 18th December 2022

NCLAT Compromise Doubtful, Only To Benefit Related Parties, NCLAT Delhi Upholds Liquidation Of CD Case Title: Bankey Bihari Infrahomes Pvt. Ltd. v Mr. Alok Kumar Kuchchal & Anr. Case No.: Company Appeal (AT) (Insolvency) No. 718 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson),...

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court

The Calcutta High Court has held that criminal proceedings cannot be initiated for recovery of amount due under an arbitration award. The bench of Justice Tirthankar Ghosh held that a party aggrieved by non-payment of amount due under a post award settlement agreement should not resort to filing a criminal case by giving a civil dispute criminal colour as the same is an abuse of...

Madras High Court Extends Interim Stay On ED Probe Against Tamil Nadu Minister Anitha Radhakrishnan

Observing that substantial legal issues have been raised in the matter, the Madras High Court recently extended the interim stay on the Enforcement Directorate probe against Tamil Nadu Fisheries Minister Anitha Radhakrishnan till further orders.The division bench of Justice PN Prakash and Justice Anand Venkatesh noted that one of the judges (J. Prakash) is retiring shortly and it will not...