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How Is PIL Maintainable? MP High Court Remarks On Plea Against Legal Service Entity Using Celebrity Promotion, Online Ads
While hearing a PIL filed by certain lawyers challenging the alleged commercialization of legal services by an entity through sponsored online advertisements and celebrity-led promotions, the Madhya Pradesh High Court on Tuesday (September 2) orally asked the petitioners as to how a PIL was maintainable. During the hearing, a division bench of Justice Vijay Kumar Shukla and Justice Binod...
S. 37(1)(a) Arbitration Act | Clause Restricting Interest On Delayed Payments By Itself Won't Bar Pendente Lite Interest : Supreme Court
The Supreme Court on Tuesday (Sep.2) observed that an Arbitral Tribunal can grant pendente lite interest unless expressly or impliedly barred in the contract. It added that a contractual clause barring interest on delayed payments does not prevent an arbitral tribunal from awarding pendente lite interest, i.e., the interest for the period during which the arbitration is...
![Presidential Reference | Sibal Disagrees With Singhvis Argument That Governor Has No Discretion While Acting On Bills [Day 6]](https://www.livelaw.in/h-upload/2025/09/03/500x300_618704-kapil-sibal-abhishek-singhvi-and-sc.webp "Presidential Reference | Sibal Disagrees With Singhvis Argument That Governor Has No Discretion While Acting On Bills [Day 6]")
Presidential Reference | Sibal Disagrees With Singhvi's Argument That Governor Has No Discretion While Acting On Bills [Day 6]
The Supreme Court yesterday(September 2) orally remarked that the arguments made by those opposing the Presidential Reference are self-contradictory in terms of the different approaches offered by them in reading Article 200.Justice Vikram Nath orally said this in the context of an argument made by Senior Advocate Kapil Sibal(for the State of West Bengal) that the Governor is not a mere...
Pendency Of Criminal Proceedings Without Conviction Can't Be Ground To Withhold Statutory Rights Like Pension & Gratuity : Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that mere pendency of criminal proceedings without conviction cannot be a ground to withhold pension, gratuity, or leave encashment as they are statutory rights of the employee. Background Facts The respondent was appointed as a Lecturer in Hindi at...
Delhi Riots Larger Conspiracy Case | Accused Responsible For Delaying Trial, Not Delhi Police : High Court
The Delhi High Court on Tuesday observed that the accused in the Delhi riots larger conspiracy case are themselves responsible for delaying trial at various points in time, and not the Delhi Police or the Trial Court.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar added that the accused who are out on bail- Asif Iqbal Tanha, Devangana Kalita...
Arbitration | Delivery Of Award To Govt Official Not Connected With Case Doesn't Amount To Valid Service On State : Supreme Court
The Supreme Court has clarified that when the government or one of its departments is a party to arbitration, delivery of an arbitral award to an official who is not connected with or aware of the proceedings cannot be treated as valid service for commencing the limitation period to challenge the award. Citing its ruling of Union of India vs. Tecco Trichy Engineers & Contractors (2005),...
Findings Of NCLAT While Remanding Case Can't Operate As Res Judicata When No Conclusive Opinion Is Expressed: NCLAT
The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of Justice Ashok Bhushan and Mr. Barun Mitra (Technical Member) has held that the findings of the Appellate Tribunal in earlier proceedings cannot operate as res judicata when no conclusive opinion was expressed, and the NCLT's order was set aside only for non-consideration of relevant materials and...
Company Law | NCLT Can Examine Allegations Of Fraud & Validity Of Documents In Oppression & Mismanagement Cases : Supreme Court
The Supreme Court on Tuesday (Sep.2) observed that the National Company Law Tribunal (“NCLT”) has jurisdiction to examine allegations of fraud and validity of documents in oppression and mismanagement cases. The Court said that when “a member who holds the majority of shares in a company is reduced to the position of minority shareholder in the company by an act of the company or by...
Revival Of Company Petition Permissible On Default Of Settlement Terms Despite Absence Of Liberty In NCLT's Withdrawal Order: NCLAT
The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of Justice Mohd Faiz Alam Khan and Mr. Indevar Pandey (Technical Member) has held that a petition withdrawn pursuant to a settlement agreement between the parties can be revived if the corporate debtor fails to make payment as per the settlement terms, where the agreement clearly provides for such revival in...
Karnataka High Court Grants Interim Relief To Lawyer Summoned By ED In Money Laundering Case
The Karnataka High Court on Monday (September 1) directed the Enforcement Directorate not to take any coercive steps or precipitative action against advocate Anil Gowda summoned by the agency in a money laundering case, till the high court passes orders on the interim relief. Justice Sachin Shankar Magadum said:“Both the parties have exchanged extensive pleadings. Matter requires...