NCLT Mumbai Benches Re-Constituted W.E.F 7th December 2022

The Mumbai Benches of National Company Law Tribunal, have been re-constituted vide a Circular dated 06.12.2022 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...

[Order XII Rule 6 CPC ] Tests For Exercise Of Judicial Discretion For Passing Judgment On Admissions: Calcutta High Court Reiterates

The Calcutta High Court on Monday reiterated the three essential tests for exercise of its discretion under Order XII Rule 6 of CPC for passing a judgment on the basis of admissions made. The Court summarised the three tests to be as: (i) satisfaction of judicial conscience; (ii) admission has to be clear, unequivocal, unconditional and ambiguous and (iii) admission has to be taken as...

"Specify Steps Taken To Expedite Probes, Trials": High Court Seeks Affidavits From Punjab, Haryana & Chandigarh DGPs

Observing that delay in the trial results in loss of not only the public time but the Court's time as well, the Punjab and Haryana High Court on Tuesday directed the DGPs of the State of Punjab, Haryana, and UT Chandigarh to file affidavits (within 4 weeks) indicating the steps taken by them with regard to the following:- To expedite the investigation process including the inclusion of...

Delhi High Court Directs Registry To Issue Practice Directions For Arraying Workman As First Respondent In Pleas Challenging Labour Court Orders

The Delhi High Court has directed its Registry to ensure that the petitioners array the workman as first respondent in the petitions assailing the order or award passed by labour courts or any other statutory authority, where the workman is a contesting respondent so that he or she is easily able to locate the writ petition in the cause list.The direction was issued by Justice Rekha Palli on...

Legal Proposition That Partnership Is Not Heritable Status And Depends On Contract Prevails Over Govt Circulars: Bombay High Court

The Bombay High Court recently held that the legal position, that partnership depends on contract and is not a matter of heritable status would prevail over government circulars. The court held, "the legal position is clear that partnership is not a matter of heritable status but purely depends on contract. Hence even though there are Government Circulars but the legal proposition...

P&H Bar Council Chairman Requests General Public To Avoid Addressing Him With 'Honourable', 'Hon'ble' Titles

The Chairman of the Bar Council of Punjab and Haryana, Suvir Sidhu has requested the general public to avoid using the words 'Honourable', 'Hon'ble', etc while addressing him in documents.Stressing that such honorific titles or salutations are remnants of the British Raj and must be shirked at all levels, a general notice issued in this regard by the State Bar Council (signed by its...

P&H High Court Issues Notice To Adidas India & 2 Officials In Perjury Complaint Filed By Women Alleging Sexual Harassment At Workplace

The Punjab and Haryana High Court recently issued notice to Adidas India Marketing Pvt Ltd and two of its legal officials in a complaint filed by an ex-employee alleging that they had produced forged documents in the court proceedings relating to sexual harassment at workplace.A division bench comprising Justice Augustine George Masih and Justice Vikram Aggarwal issued notice on an...

Kerala High Court Closes Contempt Proceedings As Protestors Suspend Agitation Against Adani Port In Vizhinjam

The Kerala High Court on Wednesday closed the contempt case alleging wilful disobedience of an order granting police protection to employees and workmen of Adani Vizhinjam Port for free ingress and egress to the construction site in Vizhinjam.When the matter was taken up today, the counsel representing the State submitted before the bench of Justice Anu Sivaraman that the protest has been...

[Motor Accident] Insurance Company Not Exempted From Third Party Liability For Breach Of Policy, May Recover From Insured: Karnataka HC Reiterates

The Karnataka High Court has reiterated that even if the court comes to the conclusion that there is a breach of any policy condition recognized under Section 149(2) of the Motor Vehicles Act, the insurer is liable to compensate the third party and recover the same from the insured. A single judge bench of Justice HP Sandesh allowed an appeal filed by claimant Basavaraja Beerappa...

High Court Refuses To Entertain PIL Seeking Deportation Of African Nationals Allegedly Living Without Valid Visa Or Passport In Delhi

The Delhi High Court on Wednesday refused to entertain a public interest litigation seeking immediate deportation of people from Africa, Bangladesh and other foreign nationals allegedly living without a valid visa or passport in the national capital.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed as withdrawn a plea filed by Advocate Sushil...

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates

The Madhya Pradesh High Court, Indore Bench recently reiterated that applicability of the Limitation Act would be barred in cases governed by a special Act which provides for the provision of limitation period and its extension. Justice Subodh Abhyankar added that even if the provisions of the Limitation Act are not specifically excluded, its operation would be barred when the special...

Delhi High Court Orders Centre To Block Websites Accused Of Defrauding People On Pretext of Recruitments At Croma

The Delhi High Court on Monday ordered suspension of infringing websites accused of defrauding people by taking money under the pretext of recruiting them at Tata-owned Croma, the electronics retail store chain.Seeking registration details, including contact information, payment details and any other information related to identity of registrants of impugned websites from the domain...