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Non-Redemption Of Redeemable Preference Shares In Absence Of Distributable Profits Doesn't Amount To Financial Debt: NCLT New Delhi
The NCLT, New Delhi Bench, comprising Ashok Kumar Bhardwaj (Member-Judicial) and Reena Sinha Puri (Member-Technical), has held that the non-redemption of the redeemable preference shares in the absence of distributable profit doesn't amount to financial debt under section 7 of the IBC. The applicant is a financial institution and a member of a consortium of lenders. It filed the...
'Who Will Be Held Accountable For What The System Did To Prof GN Saibaba?': Dr S Muralidhar
Dr. S. Muralidhar, Senior Advocate and former High Court Chief Justice, recently delivered the inaugural Professor G. N. Saibaba Memorial Lecture, in which he raised concerns about the state of academic freedom in India, characterizing the current climate as one where dissent is suppressed, ideological pressures dominate curriculum, and judicial processes often become the punishment.In...
Karnataka High Court Directs Sensitisation Of Convicts On Penal Consequences Of Overstaying Parole Leave
The Karnataka High Court has directed prison administration to educate and sensitize convicts regarding the legal obligations attached to parole and the severe penal consequences that follow in case of non-compliance.For context Section 58 of the Karnataka Prisons (Amendment) Act, 2022, contemplates imprisonment which may extend up to five years, and fine, for any convict who, having...
'Keep The Light Within Burning': Jharkhand High Court's Justice Sujit Narayan Prasad Celebrates Diwali With Children At Observation Home
Jharkhand High Court judge Justice Sujit Narayan Prasad celebrated Diwali with the children of Ranchi Observation Home in Dumardagga asking them to have faith in themselves, advance in their lives through hard work, discipline and education while keeping the light within them burning. Addressing the children, Justice Prasad said, "Diwali symbolizes the triumph of light over darkness....
Para Legal Volunteers Vacancy At District Legal Services Authority, Virudhunagar district
District Legal Services Authority, Virudhunagar district invites application for the post of Para Legal Volunteers.Name of the Post: Para Legal Volunteers Who can apply? • Teachers (Including Retired teachers). • Retired government employees and senior citizens. • Students and Law Students (until they register as lawyers). • Non-political non-government social service organizations and associations figures. • Members of women's groups, friendship groups and self-help groups comprising the...
SARFAESI Act | Lending Banks Only Obligated To Consider Revival Scheme For NPA MSMEs If Borrower Claims Relief U/S 13(3A): Bombay High Court
The Bombay High Court bench, comprising Justice Suman Shyam and Justice Manjusha Deshpande, has held that the lending bank is obligated to consider the MSME revival scheme for classification of account as NPA only if it has been claimed by the MSME in response to the demand notice under Section 13(3A) of the SARFAESI Act. The petitioner's MSME unit took certain loans from ICICI Bank...
Delhi High Court Ends 25-Year Mars v. Cadbury Trademark Dispute, Orders Them To Distribute Sweet To Schoolchildren On Diwali
The Delhi High Court has ended the 25 year long battle between Mars and Cadbury over infringement of “Celebrations” trademark, followed by mutual settlement between the two confectionery companies. Bringing a sweet truce to the issue, Justice Sanjeev Narula directed both the companies to distribute sealed units of their respective confectionery assortments like chocolates, cookies etc...
Appropriation Of Temple Donations Betrays Devotees' Trust: Himachal Pradesh High Court
“Every rupee of temple funds must be used for the temple's religious purpose or dharmic charity… It cannot be treated like general revenue for the State or general public exchequer… nor diverted to any welfare schemes of the Government,” the court said.
'We Need Socially Conscious Advocates': Kerala High Court Asks Lawyer Who Filed Noise Pollution PIL If He Will Join Legal Aid Programme
The Kerala High Court on Tuesday (21 October) has asked a PIL litigant, who is also an advocate, if he is willing to contribute in the State's legal aid programme.The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M were considering a public interest litigation seeking urgent judicial intervention to curb increasing levels of noise pollution.“We actually...
Proceedings Can Be Terminated U/S 32(2)(C) Of A&C Act When Underlying Contract Is Unenforceable: Delhi High Court
The Delhi High Court upheld an arbitral award terminating proceedings under section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) on the ground that an agreement to sell (ATS) between the parties was unforceable for being unregistered and unstamped under Uttar Pradesh law. Justice Amit Bansal held that an agreement concerning transfer of sub-leasedhold rights...
Section 138 BSA Is The Misconceived Product Of Judicial Misinterpretation
SECTION 138 BSA IS THE MISCONCEIVED PRODUCT OF JUDICIAL MISINTERPRETATION C O N T E N T SSl. No: I N N E R T I T L E SPARA NO:1INTRODUCTION12THE INTER-RELATIONSHIP BETWEEN “ACCOMPLICE” AND “APPROVER” AND THEIR TESTIMONIAL COMPETENCE 23WHY AN “ACCOMPLICE” OR AN “APPROVER” ?34THE RELEVANT LEGAL PROVISIONS IN THE EVIDENCE ACT SECTION 133 of Evidence Act SECTION 114 of Evidence Act Illustration (b) to S. 114 of Evidence Act44445NO INTERDEPENDENCE BETWEEN SECTION 133 AND...