Consent Decree Must Not Be Used For Avoiding Registration Of Sale Deeds, Paying Stamp Duty: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently cautioned the civil courts that while exercising their jurisdiction utmost care should be taken to ensure that a consent decree is not sought to achieve sinister purposes like avoiding registration of sale deeds or paying stamp duty."A collusive decree cannot be used as a cloak for the sale deed. There could be numerous occasions where...

Payment Of Gratuity Act Is A Beneficial Legislation For Employees And Overrides Other Enactments: Andhra Pradesh High Court

In a recent ruling, the Andhra Pradesh High Court reiterated that Payment of Gratuity Act, 1972 has to be interpreted in favour of workman and it overrides all other statutory legislations. The court relied on Apex Court decision in Beed District Central Coop. Bank Ltd. v. State of Maharashtra (2006) in which it was held "the Payment of Gratuity Act is a beneficial statute. When two...

Bombay High Court Weekly Round Up : September 19 To September 25, 2022

Nominal Index [Citations 334 – 351]Western Coalfields Limited v. Tahsildar, Kamptee and Ors. 2022 LiveLaw (Bom) 334Mother Teresa Balakashram v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 335Swapnil Prakash Parab v. The State of Maharashtra and Anr. 2022 LiveLaw (Bom) 336Hany Babu v. National Investigation Agency and Anr. 2022 LiveLaw (Bom) 337Kaalka Real Estate Pvt. Ltd. and Anr....

Kerala High Court Weekly Round-Up: September 19 - September 25, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 488-500]Jeenamol Varghese v. State of Kerala & Anr. 2022 LiveLaw(Ker) 488Kasim P.H. v. Union of India & Ors., and other connected matters 2022 LiveLaw (Ker) 489 S. Yadava v. Kerala State Co-Operative Bank & Ors. 2022 LiveLaw (Ker) 490Marakkar & Anr. v. State of Kerala & Anr and connected cases 2022 LiveLaw (Ker) 491Bhanumathi...

Gujarat High Court Weekly Round Up: September 12 To September 18, 2022

NOMINAL INDEX Ahemadmiya Bahauddinmiya Saiyad V/S State Of Gujarat 2022 LiveLaw (Guj) 378 M/S. Shree Shivam Corporation Through Its Sole Propeirtor Mr. Prahlad Durlabhjibhai Joshi v/s Competition Commission of India 2022 LiveLaw (Guj) 379 Inner Vision Education And Charitable Trust V/S Union Of India 2022 LiveLaw (Guj) 380 Sonalben Alias Charmiben Hirenbhai...

Gujarat High Court Weekly Round Up: September 5 To September 11, 2022

NOMINAL INDEX Gulamhusen Dadamiya Pir Versus Union Of India 2022 LiveLaw (Guj) 368Patel Rameshchandra Mangaldas V/S State Of Gujarat 2022 LiveLaw (Guj) 369 Vithal Bogra Shetty V/S Board Of Trustees 2022 LiveLaw (Guj) 370 State Of Gujarat V/S Rajeshbhai Ramubhai Patel & 5 other(s) 2022 LiveLaw (Guj) 371 Sharda Chimanbhai Lalbhai V/S Dinesh Mohanbhai Prajapati 2022 LiveLaw...

[Delhi Riots] 'Attacked Every Hindu Who Passed By': Court Frames Charges Against Five In Murder Case

A Delhi Court on Saturday framed charges against five men, accused of murdering a 40-year-old man during the 2020 riots, for promoting enmity between different religious groups and committing public mischief - after noting they were allegedly part of a mob which attacked "every Hindu who passed by".Additional Sessions Judge Amitabh Rawat framed charges against Imran, Asif, Mohd. Shahzad,...

Tripura High Court Grants ₹2.5 Lakh Compensation To A 28 Yr Old Woman Who Was Tortured & Maltreated In Police Custody

The Tripura High court recently directed the State Government to pay a sum of Rs. 2,50,000/- to a 28-year-old woman who was subjected to custodial torture in October 2021.The bench of Chief Justice Indrajit Mahanty and Justice S. G. Chattopadhyay was dealing with a suo moto case instituted by the High Court on a news report regarding the custodial torture inflicted on one Priyashi...

Asian Hotels (West), Owner Of Hyatt Regency (Mumbai), Admitted Into Insolvency: NCLT Delhi

The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri Dharminder Singh (Judicial Member) and Shri Binod Kumar Sinha (Technical Member), while adjudicating an application filed in JM Financial Asset Reconstruction Co. Ltd. v Asian Hotel (West) Ltd., has initiated Corporate Insolvency Resolution Process ("CIRP") against Asian Hotels (West) Ltd. over a default of...

Moratorium Doesn't Apply On Property Unlawfully In Possession Of Corporate Debtor: NCLT Hyderabad

The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating an application filed in State Bank of India v Meenakshi Energy Ltd., has held that moratorium imposed under Section 14 of IBC is not applicable to properties which are in...

Consider Changing Roster Every Three Months: Bar Association To Rajasthan High Court Acting CJ

The Rajasthan High Court Bar Association, Jaipur has written a letter to the Acting Chief Justice Manindra Mohan Shrivastava for a change in the roster."Roster of the Hon'ble High Court, Jaipur has not been changed since long," the bar association said in the communication, adding there has been a constant demand from the advocates for the change.The Bar Association has raised two demands in...

[SC/ST Act] Offence Under Section 3(1)(u) Attracted Only When Committed Against Community's Members 'As a Group': Madras High Court

Dismissing a university professor's petition against trial court's refusal to order investigation on his complaint, the Madras High Court recently said Section 3 (1) (u) of the Scheduled Castes and the Scheduled Tribes Act comes into play only when a person is trying to promote ill feelings against the members of SC or ST community as a group.Section 3 (1) (u) criminalises any communication...