Corporate Law judiciary-2

Delhi HC to hear only urgent matters filed in 2021

Notification No.:1/R/RG/DHC/2021 18/04/2021

In continuation of this Court’s Office Order No.223/RG/DHC/2021 dated 8.4.2021, keeping in view the alarming rise in the Covid-19 cases in the NCT of Delhi, it has been ordered that all the Hon’ble Benches of this Court shall, with effect from 19.04.2021, take up extremely urgent matters filed in the year 2021 only....

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SC issues Directions for Expeditious Trial of Cheque Bounce Cases | Section 138 | NI Act

In Re Expeditious Trial of Cases Under Section 138 OF N.I. Act 1881 (Supreme Court of India)

In Re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 (Supreme Court) 1) The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons 2) Inquiry shall be conducted on receipt of […]...

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Interim orders of ‘not to arrest’ or ‘no coercive steps’ cannot be passed mechanically: SC

Neeharika Infrastructure Pvt. Ltd. Vs State of Maharashtra (Supreme Court of India)

Neeharika Infrastructure Pvt. Ltd. Vs State of Maharashtra (Supreme Court) The principal issue which arises is when and where the High Court would be justified in passing an interim order either staying the further investigation in the FIR/complaint or interim order in the nature of ‘no coercive steps’ and/or not to arrest the...

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Private Vehicle is Not A Public Place |Section 43 | NDPS Act | SC

Boota Singh Vs State of Haryana (Supreme Court of India)

Boota Singh Vs State of Haryana (Supreme Court) The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to accused Gurdeep Singh. The Registration Certificate of the vehicle, which has been placed on record also does not indicate it to be a Public Transport […]...

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Candidature cannot be rejected by making employees undergo a test without wearing glasses

The State of Tamil Nadu Vs M. Salai Gayathri (Madras High Court)

The State of Tamil Nadu Vs M. Salai Gayathri (Madras High Court) The issue involved in these batch of Writ Appeals lies in a narrow compass viz., Is a person, who could only perform a regular function by wearing glasses would become disentitle to a post he can otherwise perform, by making an assessment qua […]...

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Bombay HC Takes Cognisance of Covid-19 Surge In Prisons

High Court on its own motion Vs State of Maharashtra and Ors. (Bombay High Court)

High Court on its own motion Vs State of Maharashtra and Ors. (Bombay High Court) This Suo Motu Public Interest Litigation is initiated Re: the rise in COVID-19 Virus cases in March-April 2021 in the prisons in the State of Maharashtra. 2. Newspaper reports, more particularly, Hindustan Times dated 16 April 2021(Annexure 1) and Free [&hel...

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Bombay HC Stays Evictions, Dispossessions, Demolitions Till 07.05.2021

In re Court On Its Own Motion (Bombay High Court)

In re Court On Its Own Motion (Bombay High Court) The second wave of the pandemic, arising out of COVID-19 virus, has been wreaking havoc just as the first wave did in the year that went by. To combat the rising second wave, the Government of Maharashtra in the Department of Revenue and Forest, Disaster […]...

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Liability shown in balance sheet can amount to acknowledgement of debt : SC

Asset Reconstruction Company (India) Limited Vs Bishal Jaiswal & Anr. (Supreme Court of India)

Asset Reconstruction Company (India) Limited Vs Bishal Jaiswal & Anr. (Supreme Court) An exhaustive judgment of the Calcutta High Court in Bengal Silk Mills Co. v. Ismail Golam Hossain Ariff, 1961 SCC OnLine Cal 128 : AIR 1962 Cal 115 [“Bengal Silk Mills”] held that an acknowledgement of liability that is made in a balance [&helli...

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Covid reports (positive) to be given to patient first, then upload on ICMR website: HC

Court on its own motion Vs Union of India and others (Bombay High Court)

After making the reports available to the patients on Whatsapp as also hard copy of it, the reports of the patients, who test positive shall be uploaded on the ICMR portal within 24 hours and the reports of the patients who test negative should be uploaded on the ICMR portal within 7 days and if these directions are not complied with by t...

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Section 263 Jurisdiction not invocable when Re-Assessment was Illegal

SBS Realtors Private Limited Vs ITO (ITAT Delhi)

SBS Realtors Private Limited Vs ITO (ITAT Delhi) Learned Counsel for the Assessee submitted that since the re-assessment order is illegal and bad in Law and is covered by the Order of the Tribunal Dated 01.04.2019 in the case of assessee on the same issue, therefore, the Learned Pr. CIT cannot exercise jurisdiction under section […...

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