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IBC | Homebuyers Can't Be Denied Flat Possession If Their Claims Were Verified & Admitted By Resolution Professional : Supreme Court
The Supreme Court on Tuesday (Sep.9) observed that once a claim is verified and admitted by the Resolution Professional (RP), it cannot be treated as “belated” to deny substantive relief under a resolution plan. A bench of Justices Sanjay Kumar and Satish Chandra Sharma ruled in favour of the homebuyers, holding that their verified and admitted claims could not be downgraded to...
Any Defect In Title Of Security Does Not Vitiate Duly Executed Personal Guarantee: NCLT Mumbai
The National Company Law Tribunal (NCLT), Mumbai Bench, Court VI, comprising Justice Nimesh Sharma (Member-Judicial) and Sameer Kakar (Member-Technical), has held that any defect in the title of the security does not vitiate the personal guarantee, duly executed, specifically when the person admits the execution. The application under rule 11 of the NCLT Rules, 2016, was filed by...
Chinese Loan App Scam: Kerala High Court Grants Bail To Third Accused Citing Non-Furnishing Of Grounds Of Arrest To His Relative
The Kerala High Court on Tuesday (September 9) granted regular bail to Anto Paul Prakash, the third accused in the alleged Chinese Loan App scam booked for offences under Prevention of Money Laundering Act.He was arrested on 30.01.2025 and has been in custody since then.Justice Bechu Kurian Thomas observed that the grounds of arrest were not communicated to the near relative of the arrestee...
In Cases Of Rape On False Marriage Promise, Courts Must Examine If Accused Made Promise Only To Satisfy His Lust : Supreme Court
The Supreme Court recently clarified the difference between consensual sex following a promise to marry which was broken later and intercourse based on a false promise made with mala fide intent from the start.“There is a clear distinction between rape and consensual sex and in a case where there is a promise of marriage, the Court must very carefully examine whether the accused had...
Schedule To Conduct Pamba Boat Race Is Decided By Competent Authorities, No Club Has 'Right' To Conduct Race: Kerala High Court
The Kerala High Court on Tuesday (September 9) observed that there is no constitutional or statutory right available to any club to conduct boat race in Pamba river. It also said that the schedule for conducting boat race is to be decided by the competent authorities, including the District Collector.The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha was considering...
Punjab & Haryana High Court Issues Notice On CBI's Plea Challenging Former HC Judge Nirmal Yadav's Acquittal In Corruption Case
The Punjab and Haryana High Court has issued notice to former High Court judge Justice Nirmal Yadav and three others in an appeal preferred by the Central Bureau of Investigation (CBI), challenging her acquittal in the corruption case.A Special CBI Court in Chandigarh had in April this year acquitted Justice Nirmal Yadav in a 2008 corruption case. In a judgment spanning 89 pages, the...
P&H High Court Calls For 'Judgment Implementation Cells' To Track Compliance Of Orders In Service Matters
Observing that habitual delay and outright denial of rightful service benefits to employees, caused by bureaucratic red-tape and administrative indifference is one of the longstanding issues, the Punjab & Haryana High Court issued slew of guidelines for the bureaucrats.In the present case, the Court's conscience was “pricked” noting that the petitioner moved the Court 9th time...
Reserved Category Candidates Availing Age Relaxation Barred From Migrating To General Category Seats If Rules Forbid : Supreme Court
The Supreme Court on Tuesday (Sep.9) observed that reserved category candidates who avail age relaxation to apply under the reserved category cannot later be considered for selection against unreserved (general) category vacancies if the recruitment rules explicitly prohibit such migration. A bench of Justices Surya Kant and Joymalya Bagchi heard the case that arose from a Staff...
Refund Can't Be Rejected On Grounds Of Classification Once Tax Liability Is Settled: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that refund cannot be rejected on grounds of classification once tax liability is settled. Dr. Rachna Gupta (Judicial Member) and R. Priya (Technical Member) stated that refund under Section 11B of Central Excise Act read with Section 83 of the Finance Act, 1994, is permissible subject to...
Presidential Reference : Karnataka, Kerala & Punjab Argue In Supreme Court Against Giving Governors Power To Withhold Bills Indefinitely
States of Karnataka, Kerala and Punjab concluded their arguments today in the ongoing Presidential Reference relating to timelines for assent to bills, arguing that the constitutional scheme under Article 200 does not provide for the Governor to exercise discretion. While Senior Advocate KK Venugopal (for Kerala) emphasised that the Governor can't be allowed to exercise discretion in such...