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The instant matter is related to selection of the candidates who have scored less marks than the petitioners in the Selection Test, 2016 for Assistant Teachers in secondary schools.
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The NCLAT held that the CoC had the jurisdiction to decide on liquidation as per Section 33(2) and its explanation, even before completing all steps for resolution.
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“‘PREMIER’ as used in appellant’s mark is of a completely different font and style and has a small flower device on top of the word. Thus, concluded that there is no deceptive similarity on a bare perusal of the marks.”
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Section 12A was introduced in the Insolvency and Bankruptcy Code, 2016, allowing the withdrawal of CIRP with the approval of 90% voting share of the CoC.
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Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
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“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”
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The wife restricted the mother-in-law from touching the baby and even threatened fabricating false cases against the family members.
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“The Engineer, in terms of the Agreement, does not have the power to review the decision of 08-05-2015 made by the earlier Engineer who has adjudicated upon the issue regarding change in the liability of petitioner on account of reduced BCD.”
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“The registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit do so. Such satisfaction cannot be subjective but must be based on some objective criteria.”
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The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.
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“The action plan submitted by Punjab was expression of routine exercise of the State Departments, it lacked a definitive time schedule, proper linkages/ manifest system.”
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“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”
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The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.
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“It was submitted that the exercise of re-examination of the answer keys after the final results were declared may have been avoidable but was undertaken bona fide, especially as a large number of objections were received even after the final result was declared.”
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Madras High Court said that merely because Section 62 of the CCI Act, 2002 states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, it cannot be interpreted that any individual can institute proceedings in a Commercial Court alleging abuse of dominance, while completely ignoring Section 61 of the Act of 2002.
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“In the absence of any new evidence in further investigation to substantiate the conclusions drawn by the investigating officer in the supplementary report, a Judicial Magistrate is not compelled to take cognizance, as such a report lacks investigative rigour and fails to satisfy the requisites of Section 173(8) of the CrPC”.
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“The impugned websites emulate the terms and conditions of use, privacy policy etc. displayed on plaintiff’s website www.croma.com, which amount to passing off of plaintiff’s copyright.”
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“Revisional jurisdiction is basically supervisory in nature and may be exercised only when there is glaring defect in procedure or there may be a manifesting error on a point of law, resulting in a flagrant miscarriage of justice.”
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The complainant had booked a flight from Chennai to Jodhpur via Mumbai; however, his flight from Chennai to Mumbai was re-routed via Hyderabad without any prior information from the airlines.
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The petitioners mentioned a scheme prevailing in Kerala High Court providing stipend/remuneration of Rs 3,000 to young lawyers.
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