Unpaid Wages/Salary of the Workman/Employee is a “Debt” to be paid by the Company within the meaning of Companies Act: MP High Court (Full Bench) [Read the Judgment]

Full Bench of Madhya Pradesh High Court today, in Jonathan Allen Vs Zoom Developers Private Limited held that unpaid wages/salary of the workman/employee is a “debt” to be paid by the Company. Bench comprising of the Chief Justice A.M. Khanwilkar, Justices ShantanuKemkar and J.K.Maheshwari held that the employee of the Company has locus to file Company Petition in respect of his...

ITLOS asks India and Italy to suspend all court proceedings on Enrica Lexie case [Read the Order]

Majority opinion and ITLOS orderThe International Tribunal for the Law of Sea [ITLOS]  today, asked both India and Italy to suspend all court proceedings and to refrain from initiating new ones which might aggravate or extend the dispute or might jeopardize or prejudice the carrying out of any decision which the arbitral tribunal may render in future. It also asked both countriesto submit to...

CBI tells Supreme Court 212 Vyapam Cases identified; gets three weeks to take over

The Supreme Court on Monday gave CBI three weeks’ time to take over more than 212 cases which it said have been identified. The apex court also clarified that the investigating agency should also take over cases where chargesheets have been filed.The order from a bench headed by Chief Justice H L Dattu came after CBI filed an affidavit seeking three weeks’ time to take charge of the...

Centre against bringing political parties under ambit of RTI

The Central government today told the Supreme Court through an affidavit that it is firmly against declaring political parties as public authorities and bringing them under the ambit of the Right to Information (RTI) Act.Kindling hopes of bringing transparency in the functioning of major political parties, the Supreme Court had on July 8 acting on a public interest litigation filed by...

Government planning to open education and legal services to foreign players

In an attempt to boost the country’s services sector, the Government is reportedly planning to open its education and legal services to foreigners, in a calibrated manner.Commerce Secretary Rita Teaotia was quoted as explaining the move, saying that in a country like India, “this (the liberalization of the services sector) is to be slow and should have a calibrated approach ...It is at...

High Courts Weekly Round Up

Delhi High CourtDelhi HC to shift many files to Lower courtsDelhi high court may soon transfer many of its files to the Lower courts. LokSabha last weekpassed Delhi High Court (Amendment) Bill, 2015, by a voice vote. It was earlier passed by RajyaSabha during budget session. The amendment act reads “In sub-section (2) of section 5 of the Delhi High Court Act, 1966, for the words...

Supreme Court Weekly Round-Up

Section 364A IPC not unconstitutionalThe Supreme Court of India on Friday, dismissed an appeal by a death row convict, and held that Section 364A awarding death penalty as a possible punishment, for kidnapping any person threatening to cause death in order to compel Government or any other person, to pay ransom , is not unconstitutional. Three Judge bench of Justices T.S. Thakur, R.K....

Law Commission of India to submit its report on death penalty next week

The Law Commission of India is set to submit its report on the much debated subject of continuance of awarding death penalty in India. The report assumes significance in the wake of the debate that was ignited with the hanging of the lone death row convict in the 1993 Mumbai bomb blasts case, Yakub Abdul Razzak Memon. Memon was hanged to death in the Nagpur Central Prison, on his...

Punjab and Haryana High Court stays notification stipulating education criteria for Panchayat, Zila Panchayat polls [Read the Order]

A Punjab and Haryana High Court bench comprising Justice S.K. Mittal and Justice Mahavir S. Chauhan has stayed the Haryana government’s notification issued on August 14 laying down minimum qualification criteria for the candidates to contest for the post of sarpanch, panch, member of block samiti and zila parishad.The Court stayed the operation of Section 175 (v) of the Haryana Panchayati...

Supreme Court issues contempt of court notice to the Commissioner of Delhi Police

The failure of Delhi Police in executing a non-bailable arrest warrant against an ex-director of a liquidated UB Group company, forced the Supreme Court to issue a contempt of court notice to the Commissioner of Delhi Police on Friday.A Bench of Justices J Chelameswar and A M Sapre was shocked  and disappointed by the 'lecture' given in the report filed by a senior official of Delhi...

Supreme Court upholds Government of India Notification banning Import of Palm Oil through Kerala Ports

The Supreme Court has upheld a 2007 Central Government notification prohibiting the import of palm oil through all the ports of Kerala. The Supreme Court bench comprising of Justices A.K. Sikri and Rohinton Fali Nariman held that there is a sufficient public good sought to be achieved by laying down the exception banning the imports of crude palm oil through ports in Kerala. Dismissing...

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]

Can remand in police custody be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet?This was the legal question that arose for consideration of the Apex Court recently in a case which related to killing of nine persons and injuries to large number of villagers of Village Netai of District Paschim Medinipore...