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Insolvency Proceedings Cannot Be Reopened After Settlement Without Proof Of Fresh Default: NCLT Ahmedabad
The National Company Law Tribunal (NCLT) at Ahmedabad has dismissed an insolvency plea against Shukla Dairy Private Limited, holding that once parties settle and the case is closed, an operational creditor cannot reopen insolvency proceedings without clear bank records showing a fresh default. A coram of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma said bare allegations...
Fraud Has No Look-Back Period, Directors Cannot Use Lapse Of Time As Shield : NCLT Kochi
The National Company Law Tribunal (NCLT) at Kochi has held that allegations of fraudulent and wrongful trading are not restricted by any fixed look-back period, and directors cannot avoid personal liability merely by arguing that the conduct took place long ago. It therefore directed the suspended directors of a Kochi-based insolvent company to jointly contribute Rs 11.95 crore to the...
RERA Cases Annual Digest- Part 2
HIGH COURTSALLAHABAD HIGH COURT RERA Tribunal Has Appellate & Revision Powers; Interest Payable Only After Pre-Deposit U/S 43(5): Allahabad High CourtCase Title: Yamuna Expressway Industrial Development Authority, Greater Noida, Gautambudh Nagar through its Authorized Representative v. Raj Kumar Goyal Case No: RERA Appeal No.124 of 2023While entertaining a set of appeals regarding the...
Supreme Court Seeks Report From HCs On Formation Of Committees Across Courts/ Tribunals & Bar Bodies To Address Sexual Harassment
The Supreme Court of India on Tuesday sought status reports from the Registrars General of various High Courts on whether gender sensitisation committees and Internal Complaints Committees (ICCs) have been constituted in High Courts, District Courts and Bar Associations to address complaints of sexual harassment against women and transgender persons.A Bench comprising Chief Justice of India...
Married Woman Undergoing Abortion Due To Marital Discord Not An Offence If Done As Per MTP Act: Delhi High Court
Reaffirming reproductive autonomy of women, the Delhi High Court on Tuesday held that marital discord impacting mental health of a woman is a valid ground to seek abortion under the provisions of the Medical Termination of Pregnancy Act. “The right of exercise of reproductive choice, though is restricted by Medical Termination of Pregnancy Act, it also recognizes and protects her right to...
Public Sector Enterprise Can't Initiate Disciplinary Action Against Retired Employee If Rules Don't Expressly Enable It : Supreme Court
The Supreme Court on Tuesday (January 6) ruled that a public-sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement in the absence of an express enabling provision in its service regulations. A bench of Justices JK Maheshwari and Vijay Bishnoi quashed the post-retirement disciplinary action taken against a former employee of the...
'Coming Soon' Posters Are Ads, Bihar RERA Slaps ₹1 Lakh Cost On Developer For Advertising Unregistered Project
The Bihar Real Estate Regulatory Authority has held that even “Coming Soon” banners, pamphlets and site notice boards amount to advertising under the Real Estate (Regulation and Development) Act. It, therefore imposed a Rs 1 lakh penalty on PRU-RLDA Projects Pvt. Ltd. for promoting an unregistered project. In an order dated December 24, 2025, Inquiry Commissioner Sanjaya Kumar Singh...
