Bringing you the Best Analytical Legal News
“We are shocked to note from the affidavit of Engineer-in-Chief, HPPWD that five of the designated dumping sites are located in the catchment areas of the Nullah”.
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The Single bench of the Calcutta High Court had earlier set aside the NHRC’s order to take a pre-emptive step and appoint a ‘Special Human Rights Observer’ to conduct an on-the-spot survey of the State of West Bengal and identify constituencies where violation is likely to occur during West Bengal Panchayat Elections.
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“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”
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Himachal Pradesh High Court set aside the impugned order and directed the District Court to decide the matter afresh.
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NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.
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Calcutta High Court in an interm order stayed the CBI probe till the final order.
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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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Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.
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“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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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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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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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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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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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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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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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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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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Madhya Pradesh High Court quashed the FIR and consequential criminal proceedings arising thereafter.
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The principles of natural justice get violated if the opportunity afforded to submit reply is not an effective opportunity.
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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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