News Updates
Kerala High Court Questions Actor Mohanlal's Locus Standi To Challenge Magistrate's Refusal To Allow Withdrawal Of Ivory Case
The Kerala High Court on Monday, before posting the case for hearing again after the Court vacation, observed that the petitioner in this case, actor Mohanlal, had no locus standi before the Court. Justice Mary Joseph, observed that under under the CrPC, no such power for withdrawal of proceedings had been granted to the accused. "If the State appears, and had filed the application, the...
Entity Issuing A 'Letter Of Comfort' Is Not A Corporate Debtor Or Guarantor Within Framework Of Law: NCLT Delhi
The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri P.S.N. Prasad (Judicial Member) and Shri Rahul Bhatnagar (Technical Member), while adjudicating a petition filed in M/s. Shapoorji Pallonji and Company Pvt. Ltd. v M/s. ASF Insignia SEZ Pvt. Ltd., has held that an entity that issues a 'Letter of Comfort' to a party, cannot be treated as Corporate Debtor...
Transfer Orders Cannot Be Passed In Absence Of Vacancy, Must Show Place Of New Posting: Karnataka High Court
The Karnataka High Court has directed the State government to ensure that if transfers are made after the period of general transfers, no request for transfers should be entertained or orders made unless there is a vacant place. A single judge bench of Justice S Sunil Dutt Yadav allowed a petition filed by one Murthy and set aside the order of transfer dated 23.12.2021 issued to him....
Loan Converted Into Equity - NCLT Procedure Being In Summery In Nature, Can't Initiate CIRP; NCLT Kolkata
The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri Balraj Joshi (Technical Member), while adjudicating a petition filed in Anup Jhunjhunwala v ADEA Powerquips Private Limited, has declined to initiate insolvency proceedings with respect to a debt disbursed by Director of the Corporate Debtor, as the loan was...
Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court
The Kerala High Court has made it clear that the shareholder of a company cannot be made an independent party in a dispute between the company and its workmen.The observation was made in connection with a dispute between Rubber Wood India Pvt Ltd and its workmen, whereby the Rubber Board, being a shareholder of the company, was arrayed as a party Respondent by the workmen.The Court held that...
Vizhinjam Port: Kerala High Court Asks Whether Protesting Fishermen Can Halt Construction Work
The Kerala High Court on Monday questioned if the fishermen, protesting against construction of Vizhinjam International Seaport by the Adani group, can halt a Project which had all the requisite permissions.While considering the petitions filed by M/S Adani Vizhinjam Port Pvt Ltd and its contracting company Howe Engineering Projects, seeking protection for their employees and property,...
Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act
When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the amendment was not applicable to claims filed prior to...
Tax Cases Weekly Round-Up: 21 August To 27 August, 2022
Delhi High Court Application Under Companies Act Against Order Rejecting Waiver Of Interest; Dispute Falls Within Scope Of VSV Act: Delhi High Court Case Title: Kapri International Pvt. Ltd. versus Commissioner of Income Tax Citation: 2022 LiveLaw (Del) 796 The Delhi High Court has ruled that where an application under the Companies Act has been filed by a company in...
Arbitration Cases Weekly Round-Up: 21 August To 27 August, 2022
Bombay High Court: Interim Relief Under Section 9 Of A&C Act - Incidental To Recovery Of Possession OfProperty; Small Causes Court Alone Would Have Jurisdiction: Bombay High Court Case Title: BXIN Office Parks India Pvt. Ltd. versus Kailasa Urja Pvt. Ltd. The Bombay High Court has ruled that reliefs which are incidental to the possession of the licensed premises cannot be...
Printing Of Question Papers Constitutes Supply Of Service And Printing Answer Booklets Constitutes Supply Of Goods: Karnataka AAR
The Karnataka Authority of Advance Ruling (AAR) has held that the printing of question papers constitutes a supply of service and the printing of answer booklets constitutes a supply of goods. The two-member bench of M.P.Ravi Prasad and T.Kiran Reddy has observed that the GST exemption is available on the question papers. However, GST is payable on the answer...
"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case
The Allahabad High Court (Lucknow bench) last week denied anticipatory bail to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Arms License case.Denying him bail, the bench of Justice Dinesh Kumar Singh took into account the fact that Ansari had been avoiding the process of the Court, against whom proclamation had been issued by...
Flipkart & Its Sellers Jointly Liable For Charging Over MRP: District Consumer Forum
A District Consumer Disputes Redressal Commission in Telangana's Nalgonda has held that Flipkart cannot avoid liability for sale of products through its platform over the maximum retail price (MRP). It held both the e-commerce platform and the seller jointly and severally liable for such "unfair trade practice" and ordered compensation to be paid to the consumer. The Commission held that...