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While upholding the NCLT’s order of admission of fresh application and initiation of CIRP against the Corporate Debtor, the Tribunal held that the nature of financial debt would not change on account of breach of the consent terms.
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5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.
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A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.
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Madras High Court permitted Srilankan refugees’ daughter to apply for passport under Section 20 of the Passports Act and directed the Central Government to consider her application and pass order.
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The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.
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The Delhi High Court held that rehabilitation could not be rejected to jhuggi dwellers only on the ground that their names were not in the voter list and the Court further held that the Appellate Authority would have to consider all other documents as well before arriving at a conclusion as to whether the jhuggi dwellers were entitled to rehabilitation or not.
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All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.
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While adjudicating an appeal file with a delay of 55 days, the Tribunal held that S. 238 IBC overrides S. 12 of the Limitation Act, 1963 and therefore this Tribunal does not have power to condone a delay beyond a period of 45 days.
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Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.
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The Delhi High Court directed the Government to issue a circular to the effect that in case of any minor’s guardian or family approaching any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP.
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The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.
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Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful
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The Court acknowledged the Punjab Government’s intention to grant 33% reservation to the women of the ‘State of Punjab’ in direct recruitment of Group-A, B, C and D posts.
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Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.
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Bombay High Court: In a petition filed by Gammon Engineers & Contractors Pvt. Ltd. under Section 34 of the Arbitration Act, 1996
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Kerala High Court suspended Lakshadweep MP, Mohammed Faizal’s conviction and sentence of imprisonment until the disposal of appeal against the decision of Sessions Court
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A clarificatory press release dated 1-03-2013 issued by the Finance Ministry pursuant to the 2013 amendment makes it clear that a Tax Residency Certificate is to be accepted and tax authorities cannot go behind it. Further, based on repeated assurances to foreign investors by way of CBDT Circulars as well as press releases and legislative amendments and decisions of the Courts, the revenue cannot go behind TRC.
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The Delhi High Court held that the denial of a health insurance policy to a minor child suffering from Bi-Lateral Hearing Loss was contrary to the provisions in favour of Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016 and further directed IRDAI to design products for persons with hearing disabilities and persons with implants.
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National Company Law Appellate Tribunal held that rejection of application for initiation of Corporate Insolvency Resolution Process is inevitable if it is filed fraudulently and maliciously for purpose other than resolution of insolvency.
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Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.
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