Threshold Limit Under Insolvency And Bankruptcy Code Will Also Include Interest: NCLAT

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Justice M Satyanarayana Murthy and Mr. Naresh Salecha held that minimum threshold mentioned under Section 4 of the Insolvency & Bankruptcy Code, 2016 (IBC/Code) can include both the principal amount and the interest. Brief Facts The Operational Creditor supplied various...

S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court

The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure.Justice Arindam Lodh observed: "The proviso of sub-section (2) of Section 63 of the NDPS Act is...

Karnataka High Court Monthly Digest: July, 2022 [Citations 238 -295]

Nominal Index: DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE. 2022 LiveLaw (Kar) 238 Sudarshan Ramesh v. Union Of India. 2022 LiveLaw (Kar) 239 THE UNIVERSITY OF AGRICULTURAL SCIENCES v. DR. DIGAMBARAPPA, & others. 2022 LiveLaw (Kar) 240 Case Title: Sadik Khan @Sadik v State of Karnataka. 2022 LiveLaw (Kar) 241 PRABHUNAIKA K.T v. STATE...

Supreme Court Dismisses Plea To Accept Nomination For Vice President Election

The Supreme Court of India on Monday rejected a petition filed by Dr. Mandati Thirupati Reddy seeking to direct the Election Commission of India to accept his nomination to the post of Vice President of India. A Division Bench of Justices UU Lalit and S Ravindra Bhat, while rejecting the petition said, "The nature of relief prayed for in the...

State Has Expertise & Confidential Info To Evaluate Threat Perception Of Individuals; Its Job To Protect Life, Limb & Property Of Its Subjects: Delhi HC

The Delhi High Court has observed that since the State has expertise and confidential information to evaluate threat perceptions of individuals, it is the State's job to protect the life, limb and property of its subjects.Justice Jasmeet Singh dismissed a plea filed by a retired police official who was the Investigating Officer of the famous Nitish Katara murder case, where the son and nephew...

Liability Of Personal Guarantor Survives Even On Becoming Citizen Of A Foreign Country: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal in Sudip Dutta v State Bank of India, has held that the liability of a Personal Guarantor does not get extinguished upon subsequent acquisition...

Karnataka High Court Directs State To Ensure Compliance Of Order Restricting Protests, Processions To Bengaluru's Freedom Park, Closes PIL

The Karnataka High Court on Monday directed the State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru. A division bench of Acting Chief Justice Alok Aradhe and Justice...

Kerala Building Tax Act | Residential Building Rented Out For Residential Purpose Can't Be Treated As Commercial Building: High Court

The Kerala High Court on Friday ruled that a residential building which has been rented out for residential purposes cannot be treated as a commercial building under Kerala Building Tax Act, 1975.Justice Shaji P. Chaly examined the definition of a residential building under the Act before concluding that giving out a residential building for rent does not change its characteristics to that...

Kejriwal Singapore Visit Row: Delhi Transport Minister In High Court Challenges Provision Requiring Centre's Permission For Foreign Visits By State Ministers

Following LG's refusal to grant clearance for Delhi Chief Minister Arvind Kejriwal's Singapore visit to attend the World Cities Summit, city's Transport Minister Kailash Gahlot has approached the High Court seeking "broader guidelines" for permissions required by elected constitutional functionaries to travel abroad. Gahlot has submitted that the requirement of political clearances from...

S.4 Contract Act | Party Can't Dispute Legally Enforceable Liability Until 'Communication' Regarding Termination Of Contract Is Complete: Sikkim HC

The Sikkim High Court recently discussed Section 4 of the Contract Act which make stipulations regarding completion of a communication qua proposal, acceptance and revocation of a contract.In the instant case, involving interplay with Section 138 of the Negotiable Instruments Act, the bench of Justice Meenakshi Madan Rai made it clear that the Petitioner could not cover up dishonour of...

Rejection Of Maintenance Application In Divorce Proceedings Does Not Disentitle Wife To Seek Maintenance U/S 125 CrPC: Delhi High Court

The Delhi High Court has observed that the pendency of a divorce petition and rejection of an application for maintenance in such petition, would not disentitle the wife to seek maintenance under Section 125 of CrPC.Justice Yogesh Khanna was dealing with a plea filed by a husband challenging the order and the maintenance petition under Sec. 125 Cr.P.C. pending adjudication before the...

Kerala High Court Directs State To Set Up Temporary Detention Centres For Foreign Citizens Without Travel Documents Within 2 Months

The Kerala High Court on Monday directed the State Authorities and Secretary, Social Justice Department, to set up temporary detention centres for foreign citizens who do not possess travel documents within a period of two months.Justice Ziyad Rahman A A further clarified that the setting up of the detention centres must be done in conformity with the stipulations given by the...