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Concept Of An 'Aggrieved Person' Under Section 61 Of The IBC: A Settled Law?
One of key recurring issues which comes across in insolvency litigation(s) across the Indian sub-continent seems to be the locus of the director/promoter/shareholder(s) of a corporate debtor (“Corporate Debtor”/ “CD”), especially when it comes to invoking Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”/ “Code”), as an aggrieved person. Now, the pertinent question which arises is what are the remedies available to a suspended director/shareholder/promoter of a CD once CIRP has...
Order XLI Rule 5 CPC | Deposit Not Mandatory For Stay Of Money Decree, Unconditional Stay Can Be Granted In Exceptional Cases : Supreme Court
The Supreme Court on Tuesday (October 7) resolved the long-standing debate on whether deposit or security is an absolute precondition for staying a money decree. It clarified that it is not mandatory for the Appellate Court to impose a condition for deposit of the amount in dispute for grant of stay of execution under Order XLI Rule 5 of the Code of Civil Procedure, 1908...
Ill Treatment Of Children By Spouse Constitutes Cruelty Under Section 10(1) Divorce Act: Kerala High Court
The Kerala High Court has held that the ill-treatment of children by a spouse constitutes mental cruelty towards the other spouse and can be a valid ground for dissolution of marriage under Section 10(1)(x) of the Divorce Act, 1869.The Division Bench comprising Justice Sathish Ninan and Justice P Krishna Kumar, dismissed the wife's appeal against a Family Court judgment granting divorce to...
Madras High Court Asks State To Consider Plea Against ₹1 Crore Land Acquisition Compensation Paid To Boney Kapoor, Janhvi & Khushi Kapoor
The Madras High Court has directed the State Highways Department to consider a representation seeking an enquiry into the disbursal of Rs. 1,00,87,183 to film producer Boney Kapoor and his daughters Janhvi Kapoor and Kushi Kapoor as compensation for land acquisition. Justice Krishnan Ramasamy has directed the authority to consider the representation and dispose of the same within...
Unremitted TDS Deducted Before Liquidation Does Not Form Part Of Liquidation Estate: NCLT Bengaluru
The National Company Law Tribunal (NCLT) Bengaluru bench of Shri Sunil Kumar Aggarwal, Member (Judicial) and Shri Radhakrishna Sreepada, Member (Technical) held that an unremitted Tax Deducted at Source (TDS) amounts deducted by the corporate debtor before the liquidation are assets held in trust for the government and therefore stand excluded from the liquidation estate under section 36...
Drug Smuggling Through India-Pak Border Impacting Youth, Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused
Observing that increasing smuggling of illicit drugs through the India-Pakistan border, particularly via drones, has become a growing concern for national security and youth, the Punjab & Haryana High Court refused to grant anticipatory bail under the NDPS Act.The FIR was lodged under Section 21 of the NDPS Act alleging that an accused disclosed to the police that the consignment of...
“Told My Brother Judge To Keep It To My Ears”: CJI BR Gavai In Lighter Vein On Social Media Misreporting Of Judges' Remarks
Chief Justice of India BR Gavai today made a lighter vein comment on how the remarks made by Judges are wrongly portrayed on social media.Because of the chances of misinterpretation, CJI Gavai said that he once refrained his brother Judge, Justice K Vinod Chandran, from making certain open observations in a case concerning judicial service, and instead advised him to share the comments...
Allahabad High Court Rejects PIL Seeking Law For Protection Of Men Against Illegal Prosecution & Harassment By Women
The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea seeking a direction to the Union of India and the Uttar Pradesh Government to enact a law for the protection of men from "illegal prosecution and other harassment by women". A bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra rejected the plea moved by one Chandrama...