Corporate Law judiciary-2

HC Grants Bail to Corruption accused considering Lack of direct evidence

Jayalakshmi Jaitly Vs Central Bureau of Investigation  (Delhi High Court)

The issue under consideration is appellant seeks suspension of sentence awarded by Trial Court for 4 years for the offence punishable under Section 9 of Prevention of Corruption Act, 1988....

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Financial difficulties cannot be a ground for non/delayed payment of wages

Hind Kamgar Sanghatana Vs. State of Maharashtra (Bombay High Court)

Hind Kamgar Sanghatana  Vs. State of Maharashtra (Bombay High Court) Payment of due wages to a workman is a statutory right under section 5 of the Payment of Wages Act &  is a fundamental right of a worker under Article 21 of the Constitution. Financial difficulties of employer cannot be a ground for non-payment or […]...

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Decree-Holder cannot be treated as a Financial Creditor for CIRP: NCLAT

Sh. Sushil Ansal Vs. Ashok Tripathi (NCLAT)

Sh. Sushil Ansal Vs. Ashok Tripathi (Delhi NCLAT) (i) Respondent Nos. 1 and 2 can no more claim to be allottees of a Real Estate Project after issuance of Recovery Certificate dated 10th August, 2019 by ‘UP RERA’ directing recovery of Rs.73,35,686.43/- due thereunder as arrears of land revenue by the Competent Authority. On their [&he...

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Posted Under: Corporate Law | |

Motor Accident Claims Tribunal not empowered to entertain Claim Petition under Motor Vehicles Act

The Cholamandalam MS General Insurance Company Limited Vs Ramesh Babu (Madras High court)

The Cholamandalam MS General Insurance Company Limited Vs Ramesh Babu (Madras High court) In the present case, the Personal Accident Coverage Policy has been agreed between the appellant/Insurance company as well as the respondent. Rs.2,00,000/- is fixed under the Personal Accident Coverage Policy. The Tribunal has granted a sum of Rs.2,1...

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CCI dismisses Plea Alleging Dominant Position abuse by Whatsapp & Facebook

Harshita Chawla Vs. WhatsApp Inc. & Facebook Inc. (Competition Commission of India)

Harshita Chawla Vs. WhatsApp Inc. & Facebook Inc. (Competition Commission of India) As regards the allegation of leveraging, the Commission does not agree with the Informant for reasons cited supra while dealing with the allegation under Section 4(2)(d) of the Act. The Informant has contended that WhatsApp will leverage its dominance ...

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Lowest Bid Amount Tender Rejected Because of Non Submission of Tax Details & Test Reports

Fewas Ashraf Vs Kavannur Grama Panchayath (Kerala High Court)

The issue under consideration is whether the gram panchayath is correct in rejecting the lowest bid amount tender submitted by the petitioner just because tax disclosure and test report is not submitted by him?...

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Motor Vehicle Compensation can also be Granted to Children & Parents

The New India Assurance Company Limited Vs. Smt. Somwati And Others (Supreme Court)

Supreme Court in a recent ruling has observed that in the Motor Accident Compensation Claims, that the children and family would also be authorized for compensation under 'Loss of consortium' in claims of Motor Accident under the Act....

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Kangana Ranaut House demolition by BMC prima facie smacks of malafide: HC

Kangana Ranaut Vs. Municipal Corporation of Gr. Mumbai & Ors. (Bombay High Court)

Kangana Ranaut Vs. Municipal Corporation of Gr. Mumbai & Ors. (Bombay High Court) Section 354A of the Act (which is invoked by the MCGM by issuing the impugned Notice dated 7th September, 2020), sets out the ‘power of Commissioner to stop erection of building or work commenced or carried on unlawfully.’ From the works set ...

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Pecuniary Jurisdiction under Consumer Protection Act, 2019

Pyaridevi Chabiraj Steels Pvt. Ltd. Vs National Insurance Co. Ltd. (NCDRC)

Pyaridevi Chabiraj Steels Pvt. Ltd. Vs National Insurance Co. Ltd. (NCDRC) The National Consumer Disputes Redressal Commission (NCDRC) vide its Order dated 28th August, 2020 in ‘M/s Pyaridevi Chabiraj Steels Pvt. Ltd v/s National Insurance Company Ltd. & 3 Ors.’ (Consumer Case No. 833 of 2020) clearly differentiated in the pecunia...

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Posted Under: Corporate Law | |

Wife is Best Guardian for her husband – Bombay HC

Rajni Hariom Sharma Vs. Union of India and another (Bombay High Court)

On 3rd September 2020, the Bombay High Court has passed a landmark ruling placing the wife in a position as a Guardian for her comatose (in the position of coma).  The Bombay High Court thereby affirmed that a spouse could be the best Guardian for his/her spouse and thus, appointed the spouse of a comatose man as his guardian for...

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