News Updates
Odisha Lawyers' Strike: BCI Suspends Licenses Of 29 Protesting Lawyers Of Sambalpur For 18 Months
In an important development, the Bar Council of India (BCI), on Monday, has suspended the licenses of practice of 29 advocates of the District Bar Association, Sambalpur, with immediate effect, for 18 months against whom a First Information Report (FIR) was lodged last month for allegedly uttering unparliamentary words for Judges, attacking police officials and...
Not Awarding LD- Finding Of Fact By Arbitrator, Need Not To Be Interfered: Calcutta High Court
The Calcutta High Court has reiterated that damage or loss is sine qua non for the applicability of Section 74 of the Indian Contract Act, 1872 and thus, in the absence of loss, penalty/liquidated damages cannot be claimed on breach of contract. The bench of Justices I. P. Mukerji and Md. Nizamuddin ruled that the finding arrived at by the Arbitrator, to the effect that the party...
Are Signboards Advertisements? Delhi High Court Says If They Convey Nature Of Business Via Name, They Could Fall Under Section 143 DMC Act
The Delhi High Court has ruled that signboards which convey the nature of the business via names or nomenclature could fall within the provisions of Section 143 of the Delhi Municipal Corporation Act.As per the provision, no advertisement can be "erected, exhibited, fixed or retained" at any public place in Delhi without the written permission of the Commissioner. The division bench of...
Compromise Doubtful, Only To Benefit Related Parties, NCLAT Delhi Upholds Liquidation Of CD
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Bankey Bihari Infrahomes Pvt. Ltd. v Mr. Alok Kumar Kuchchal & Anr., has upheld the Adjudicating Authority's decision to proceed with liquidation...
NCLT Allahabad Bench Re-Constituted W.E.F 12th December 2022
The Allahabad Bench of National Company Law Tribunal, has been re-constituted vide a Circular dated 07.12.2022 issued by NCLT. The re-constitution has been done in accordance with the Circular of Ministry of Corporate Affairs bearing A22012/6/2021-Ad IV MCA dated 02.12.2022, whereby the Government had notified appointment of new NCLT Members. The re-constitution is effective...
Gujarat High Court Stays IBBI Order Directing IP To Undergo 4 Months Of Probation
The High Court of Gujarat Bench comprising of Justice Biren Vaishnav while adjudicating a petition filed in Sunil Kumar Agarwal S/O. Kishan Lal Agarwal Versus Insolvency and Bankruptcy Board of India (IBBI), has stayed the operation of an order passed by Disciplinary Committee of IBBI, directing an Insolvency Professional to undergo 4 months of probation under other experienced...
IBC Cases Weekly Round-Up: 5th T0 12th December 2022
NCLAT Objections Raised By Corporate Debtor To Oppose Section 9 Petition Not To Be A Moonshine Defence: NCLAT Delhi Case Title: Krishna Hi-Tech Infrastructure Pvt. Ltd. v Bengal Shelter Housing Development Ltd. Case No.: Company Appeal (AT) (Insolvency) No.1375 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok...
No Cure Is Not A Negligence, National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Hon'ble Dr. S.M. Kantikar C. as Presiding Member and Hon'ble Mr. Binoy Kumar as Member disposed of a consumer complaint filed by the parents of a patient(deceased) who was injured in a car accident stating that no cure for an ailment cannot be considered to be negligence. This was an original...
High Court Dismisses Writ By Kerala Private Bankers' Assn Against RBI's Insistence Requiring Small Financiers To Not Describe Themselves As 'Bank'
The Kerala High Court recently dismissed a writ petition filed by All Kerala Private Bankers' Association against RBI's insistence requiring small financiers to not use the word 'Bank' as part of their names.The Association, comprised of small financiers and unincorporated bodies registered under the Kerala Money Lenders Act, had also sought renewal of its members' licenses.Justice V.G. Arun...
Kerala High Court Issues Directions For Crowd Management At Sabarimala
The Kerala High on Monday issued directions for crowd management in Sabarimala Temple, anticipating heavy footfall for the upcoming days amid Mandala festival. State has also decided to limit the number of online virtual queue bookings to 90,000 per day, Senior Government Pleader informed the Court. However, spot booking will be permitted without any restrictions.The Division Bench of...
Punjab & Haryana HC Sets Aside Order Striking Off Wife's Defence In Divorce Case, Deters Hyper-Technical Approach In Matrimonial Litigation
The Punjab and Haryana High Court has reiterated that Courts must adopt a practical approach while dealing with matrimonial litigation, instead of approaching the case in a hyper-technical manner. This is because matrimonial disputes ultimately affect families and human relationships.The remarks were made while setting aside a Family Court order which struck off wife's defence in a...
Madras High Court Imposes 50K Cost On Litigant Who Filed Contempt Petition Against Family Court Judge
The Madras High Court recently imposed a cost of Rs. 50,000 on a litigant who had initiated contempt proceedings against a presiding judge of family court claiming that the family court did not comply with high court directions to dispose of his divorce petition within a time frame.Justice GK Ilanthiraiyan directed the petitioner to deposit the amount to the relief fund of the Chief Justice...