[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case
Calcutta High Court in an interm order stayed the CBI probe till the final order.
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Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court
Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.
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POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences
Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.
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While admitting application under Section 7 of the IBC, existence of Debt and Default needs to be examined not ‘Quantum of Debt’: NCLAT
“In the instant case, the record establishes that there is a ‘debt’ and a ‘default’ and the Application is complete and the Adjudicating Authority has rightly admitted the Application under Section 7 of the Code.”
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Can Resolution Professional keep claims in abeyance during pendency of Corporate Debtor’s counter claim before arbitrator? NCLAT Answers
While dismissing the present appeal, the NCLAT held that appellant’s prayer pertaining to admission of the claim cannot be acceded to in the ‘eye of Law’.
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[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT
The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.
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Transition between the parties should be direct to construe the debt as ‘Financial Debt’ under Section 5(8) of the IBC: NCLAT
Amount taken by the Directors of the Corporate Debtor in their personal capacity cannot be construed as ‘Financial Debt’ under S. 5(8) of the IBC.
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Whether prior approval of RBI is required by an Asset Reconstruction Company for participating as Co-Resolution Applicant under IBC? NCLAT Answers
NCLAT observed that the principal objective of the IBC is ‘revival of the Corporate Debtor and Resolution’ and therefore “Liquidation ought to be the last resort, keeping in view the scope and spirit of the Code.”
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Husband acquiring property in wife’s name does not necessarily imply Benami transaction: Calcutta High Court
It is a well-settled principle that “burden of showing that a transfer is a benami transaction always lies on the person who asserts it.”
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[Illegal encroachment] Vendors selling motor parts in market area are not Hawkers: Calcutta High Court
The High Court questioned Kolkata Municipal Corporation and police authorities as to why they are unable to regulate or evict the hawkers.
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Madhya Pradesh High Court quashes FIR lodged under Section 377 IPC against Former Minister Raghavji
The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”
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Go Airlines insolvency: NCLAT approves appointment of new Resolution Professional by CoC
NCLAT directed the new Resolution Professional to protect the assets of the Corporate Debtor as required under S. 25(1) of the IBC
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Allegations in FIR against rape accused cannot be considered as abetment of suicide: Madhya Pradesh High Court
Madhya Pradesh High Court quashed the FIR and consequential criminal proceedings arising thereafter.
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Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court
The principles of natural justice get violated if the opportunity afforded to submit reply is not an effective opportunity.
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“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application
Without questioning the validity and legality of the arbitration clause, the Calcutta High Court appointed an Arbitrator to decide the issues raised by both the parties.
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Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court
LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.
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Does NCLAT have power to review or recall its judgment? NCLAT 5-member bench answers
A 5-member bench overturned two judgments delivered by 3-judge bench which held that the NCLAT does not have the power to review or recall its own judgements.
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Operational creditor cannot seek to initiate CIRP against Corporate Debtor when real dispute exists: NCLAT
The NCLAT set aside Adjudicating Authority’s order initiating CIRP of the Corporate Debtor.
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Can time limit for filing written statement be extended? Calcutta High Court explains
The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.
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Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court
“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”
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