IBC Cases Weekly Round-Up: 26 September To 2 October, 2022

NCLAT Voluntary Initiation Of CIRP By Bihar State Construction Corp., NCLAT Delhi Approves Case Title: Bihar State Construction Corporation Limited Employee Union v Bihar State Construction Corporation Limited Case No.: Company Appeal (AT) (Insolvency) No. 1493 of 2019 The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Shri Anant Bijay...

Kerala Criminal Rules of Practice | Mistake By Court Staff Not Sufficient Ground To Non-Suit Party: High Court

The Kerala High Court on Friday contemplated the question as to whether non-compliance of the Kerala Criminal Rules of Practice by the court staff would be sufficient ground to non-suit the complainant or any party, and answered the same in the negative.Justice A. Badharudeen, while holding so, observed, "It is the settled law that fault committed by the court shall not stand in the way...

CBIC Rescinds Notification Extending Due Date To File GST Refund Application From 1 October 2022

The Central Board of Indirect Taxes and Customs (CBIC) has rescinded the notification extending the due date to file Goods and Service Tax (GST) refund applications from 1 October 2022."It is necessary for the recommendation of the Council, hereby rescind the notification of the Government of India, Ministry of Finance (Department of Revenue), No.20/2018-Central Tax, dated the 28th March...

[Senior Citizens Act] Lawyers Can Represent Parties Before Maintenance Tribunal, Section 17 No Bar: Delhi High Court

The Delhi High Court has said that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 will not bar parties from having legal practitioners represent them before the Maintenance Tribunal.Section 17 of the 2007 Act specifically states no party to a proceeding before a tribunal or appellate tribunal shall be represented by a legal practitioner,...

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps

A Mumbai court last week granted default bail to a man of Chinese origin who has been accused of being a part of an international loan fraud racket. The Metropolitan Magistrate, Kurla, Mumbai J. M. Ambodkar granted bail to Liyang Chi Sheng who has been booked under Sections 419, 420, 354 (A), 509, 384, 120 (B), r/w 56, 66 of the IT Act.It has been alleged that the accused lured hundreds...

[Industrial Disputes Act] Enquiry Under Section 33(2)(b) Meant To Lift The Veil On Any Hidden Motive To Punish The Workman: Kerala High Court

The Kerala High Court on Friday observed that the limited enquiry contemplated under Section 33 (2) (b) of the Industrial Disputes Act is only to find out whether a proper domestic enquiry has been held to prove the misconduct attributed to the workman and whether he has been afforded reasonable opportunity to defend himself in consonance with the principles of natural justice.Justice...

Bank Can Initiate Criminal Action If Account Declared Fraud, Even After Invoking SARFAESI Act: Karnataka High Court

The Karnataka High Court has said that the Central Bureau of Investigation (CBI) can investigate the complaint registered by a bank against a company and its directors, alleging offences of cheating, criminal conspiracy, even after initiation of proceedings under the SARFAESI Act and possession of the recovery certificate."This Court again in plethora of cases has clearly held that when...

Rohini Ashram Case: Delhi High Court Seeks Kiran Bedi's Assistance

The Delhi High Court has sought assistance of the retired IPS officer Kiran Bedi in a plea related to the living conditions of women at Adhyatmik Vidyalaya, a Rohini-based ashram founded by the self-styled godman Virendra Dev Dixit, who is a proclaimed offender in a sexual exploitation case. The court in April had asked Bedi, the former Lieutenant Governor of Puducherry, to supervise a...

Setting Different Retirement Age For Allopathic & Ayurvedic Doctors Discriminatory, Unconstitutional: Rajasthan High Court

While dealing with a writ petition challenging a Rajasthan Government notification, the Jaipur Bench of the High Court held that the distinction created between 'Allopathic' and 'Ayurvedic' doctors by setting different retirement ages, is unconstitutional. The impugned notification had enhanced the retirement age from 60 to 62 years only for doctors of medical and health services,...

[CPC] Objective Of Interrogatories Is To Narrow Controversy, Can't Be Used By Plaintiff For Substituting Burden Of Proof: Delhi High Court

The Delhi High Court has observed that the interrogatories cannot be used by the plaintiff in a suit for substituting its burden of proving things by adducing relevant evidence, adding that its objective is to narrow the controversy and facilitate framing of issues regarding the disputed facts.Justice Neena Bansal Krishna further added that Order 11 Rule 1 of the Code of Civil Procedure, 1908...

Case Against Poet For Alleged 'Condom-Trisul' Remark | Calcutta HC Seeks Bidhannagar DCP's Comprehensive Probe Report

The Calcutta High Court on Friday sought a comprehensive report from the Deputy Commissioner of Police, Bidhannagar regarding the probe into a case registered against Poet Srijato Bandyopadhyay for his alleged 'Condom-Trishul' poem posted in 2017 on his Facebook account.The bench of Justice Rajasekhar Mantha has asked Bidhannagar DCP to file the report on November 17 duly vetted by...

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court

High Court of Madhya Pradesh's Gwalior Bench recently held that when the trial court can summon any witness pursuant to its power under Section 311 CrPC, it can also regulate the sequence in which they are to be examined. Justice G.S. Ahluwalia made the observation while lamenting over the trend of key witnesses falling prey to the "culture of compromise"- "The Trial Court must rise...