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Discretion Vested Upon NCLT U/S 7(5)(A) IBC Cannot Be Used To Impel Financial Creditor To Consider Settlement: NCLT Chennai
The NCLT, Chennai Bench, comprising Sanjiv Jain (Member-Judicial) and Venkataraman Subramaniam (Member-Technical), has held that the discretion vested upon the adjudicating authority under section 7(5)(a) IBC cannot be used to impel the financial creditor to consider the settlement proposed by the corporate debtor. The financial creditor, Punjab National Bank, filed a petition...
Judicial Officer Who Completed 7 Year Practice At Bar Eligible For District Judge Direct Appointment : Petitioners Argue In Supreme Court [Day 1]
The Supreme Court today began its Constitution Bench hearing on the issue of whether a judicial officer, who has already completed 7 years in the Bar, is entitled to be appointed as a District Judge against a Bar vacancy.The 5-judge bench of Chief Justice of India BR Gavai, Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran considered the matter.The bench has been...
'Disturbing' : Supreme Court Slams Registry For 3 Years' Delay In Listing Case, Orders Enquiry
The Supreme Court strongly criticized its Registry for delaying the listing of a case by over three years despite a clear judicial order to list it 'immediately after service.' The Court directed the Registrar (Judicial) to conduct an inquiry into the lapse and submit a report within two weeks identifying the officer responsible."A bench of Justices JK Maheshwari and Vijay Bishnoi was hearing...
'Lawyers Filing Plea Even Without Meeting Clients': Delhi High Court Flags Rise Of Fictitious Firms In GST Cases
The Delhi High Court has flagged the trend of lawyers filing GST cases on behalf of 'fictitious' firms, without even meeting the client, even for the purpose of attestation and notary.A division bench of Justices Prathiba M. Singh and Harish Vaidyanathan Shankar made the observation while dealing with a petition seeking review of the order cancelling Petitioner's GST registration...
Does Immunity U/S 14 Of South Asian University Act Bar Courts From Exercising Writ Jurisdiction Over It? Delhi HC To Examine
The Delhi High Court is set to examine the issue of whether the South Asian University (“SAU”), by virtue of section 14 of the SAU Act 2008, read with Section 3 and the schedule appended to the United Nations (Privileges and Immunities) Act, 1947 (“1947 Act”), is amenable to Writ jurisdiction of the High Court. The division bench of Chief Justice D.K. Upadhyaya and Justice Tushar...
Second Special Leave Petition Not Maintainable If First SLP Against Same Order Was Withdrawn Unconditionally : Supreme Court
The Supreme Court on Tuesday (Sep.23) held that once a Special Leave Petition (SLP) is withdrawn unconditionally, a second SLP challenging the same order is not maintainable. The Court further clarified that if a review against the impugned order is dismissed, neither the dismissal of the review nor the original order can thereafter be challenged. “a second special leave petition would not...
Calling Daily Wagers' Service 'Casual' Is Morally Unjust, Shouldn't Be Left Stranded In Twilight Years: Punjab & Haryana High Court
In a strong observation on the treatment of contractual workers, the Punjab and Haryana High Court has stated that labeling the service of daily wagers as merely 'casual' is "morally unjust." The Court emphasized that individuals who devote their entire working lives to public service should not be left without security or support in their twilight years.The Court allowed plea of Daily wagers...


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