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Appeal Against Dismissal Of Contempt Petition By NCLT Not Maintainable: NCLAT Chennai
The National Company Law Appellate Tribunal (NCLAT) at Chennai has recently held that an appeal against dismissal of a contempt petition by the National Company Law Tribunal (NCLT) is not maintainable before the Appellate Tribunal under Section 19 of the Contempt of Courts Act, 1971. A coram comprising Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain...
School Management Committee Is Statutory Body Under RTE Act; Recovery For Financial Irregularities Cannot Be Made From Single Teacher: HP HC
The Himachal Pradesh High Court held that the School Management Committee is a statutory body under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, and recovery for financial discrepancies can't be imposed on a single teacher.The Court further remarked that it is the management committee that collectively monitors government grants, so fixing recovery solely on...
Supreme Court To Pronounce Judgment Tomorrow On Investigating Agencies Summoning Advocates Over Legal Advice
The Supreme Court will tomorrow pronounce its decision on the Suo Motu case on the issue of investigating agencies issuing summons to advocates over the legal advice given to their clients.A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria is examining the issue. The bench, while reserving the matter on August 12, indicated that it will lay...
Gujarat High Court Approves One-Time Ex-Gratia Payment For Company-Paid Staff Of Official Liquidator's Office
The Gujarat High Court has approved a one-time ex-gratia welfare payment to 12 company-paid staff employed under the office of the official liquidator. “The welfare measure of a one-time ex-gratia payment is justified in equity provided that it doesn't prejudice the entitlement of stakeholders in liquidation proceedings,” Hon'ble Mrs. Justice Mauna...
“Delay Not Fatal When Authority Erred”: Delhi High Court Orders Full Family Pension Arrears For Widow Of Soldier Who Died In 1978
The Delhi High Court has upheld an order of the Armed Forces Tribunal, directing the Central government to pay arrears of special family pension to the widow of an army personnel, who died back in 1978.Though the widow had challenged denial of special family pension only in the year 2015, the High Court observed that such delay would not be fatal when the Pension Sanctioning Authority...
'Unbelievable That Vehicles Stop On Top Of Zebra Crossing': Kerala High Court Urges State To Take Concrete Action For Pedestrian Safety
The Kerala High Court has called for urgent, concrete measures to improve pedestrian safety across the State, observing that mere reports and studies are not sufficient to make public spaces “pedestrian safe and pedestrian worthy.”Justice Devan Ramachandran was considering a matter concerning road safety and zebra crossing.Nagaraju C, Transport Commissioner, K Biju, Secretary, Public...
Cause Of Fire Is Immaterial If Insured Didn't Instigate It : Supreme Court Explains Principles On Fire Insurance
Reiterating that the exact cause of a fire is immaterial so long as the insured is not its instigator, the Supreme Court on Thursday (October 30) dismissed the appeal filed by the National Insurance Company and upheld the insured's claim for loss arising from a fire that originated from multiple sources.“Once it is established that the loss is due to fire and there is no allegation/finding...
'Ba***ds of Bollywood Is Satire, Not Defamation': Red Chillies Opposes Sameer Wankhede's Plea Before Delhi High Court
Red Chillies Entertained has opposed before the Delhi High Court IRS Officer Sameer Wankhede's defamation suit over his allegedly defamatory portrayal in Netflix series “Ba***ds of Bollywood” directed by Aryan Khan.In its reply to Wankhede's interim injunction application, the production company has said that the portrayal of the characters in the series is purely in the nature of satire...
Transactions Purely Commercial; Public Trust Doctrine Can't Defeat Limitation: Madras HC Dismisses GAIL Appeals In ₹246 Cr Dispute
In an important ruling for the natural gas sector, the Madras High Court Bench of Justices G Jayachandran and Mummineni Sudheer Kumar denied appeals by GAIL (India) Limited against five natural gas supplier companies in arbitrations aggregating to Rs. 246 crores, observing that natural gas transactions are commercial and GAIL could not invoke the public trust doctrine to escape...
Justice Surya Kant Appointed As 53rd Chief Justice Of India
The President has signed the Warrant for the appointment of Justice Surya Kant, the second senior Judge of the Supreme Court, as the Chief Justice of India with effect from November 24, following the retirement of the incumbent Chief Justice of India, BR Gavai, on November 23.This was confirmed by the Union Minister for Law and Justice Arjun Ram Meghwal, who posted, "In exercise of the...
Customs | Royalty For Technical Know-How Not 'Condition Of Sale' Even If Included In Value Of Imported Goods: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that royalty paid for technical know-how is not a 'condition of sale' merely because it is included in the value of imported goods. Justice Dilip Gupta (President) and Hemembika R. Priya (Technical Member) opined that both the Technical Agreements relate to transfer of technical...