News Muncher - category appellant

9 hours, 29 minutes ago

Once CoC Approves Resolution Plan Then No Claim Is To Be Entertained: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Rakesh Kumar Jain, Mr. Barun Mitra and Mr. Indevar Pandey have reiterated that once the Committee of Creditor has approved the resolution plan, then no claim is to be entertained. Counsel for the Respondent stated that IBC is a time-bound process and drew attention to the case of M/s RPS Infrastructure Ltd. vs. …

Claims Resolution Plan Tribunal Claim Irp Sra Appellant

2 days, 4 hours ago

'Hiring' Of Helicopters By Andaman & Nicobar Admin Not Exigible To Tax Under Central Sales Tax Act: Delhi High Court

Live Law

The Delhi High Court has held that the supply of helicopters by Pawan Hans Ltd. to the Andaman & Nicobar Islands administration, under an agreement executed in the year 2003, is not exigible to tax under the Central Sales Tax Act, 1956. Disagreeing with the Tribunal, the High Court said that the clauses pertaining to confidentiality and security were hardly …

Tax Court Control Transfer Administration Right Tribunal

2 days, 8 hours ago

Charging Convenience Fee For Booking Online Movie Tickets Is Lawful: Andhra Pradesh State Commission Allows Big Tree Entertainment's Appeal

Live Law

The State Consumer Disputes Redressal Commission, Andhra Pradesh presided by Smt. C. V. S. Bhaskaram and Sri B. Srinivasa Rao held that the charging of convenience fee while booking online movie tickets is completely lawful. Further, the commission allowed the appeal of Big Tree Entertainment Private Limited as there was no deficiency in service on their part. Brief facts: The …

Online Service Commission Complainant Fee Appellant Movie Tickets

2 days, 10 hours ago

'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children

Live Law

The Chhattisgarh High Court has recently commuted the extreme sentence of death awarded by a Sessions Court to a man who was found guilty for commission of murder of his wife and three minor children. While finding the crime to be heinous but not 'rarest of rare', the Division Bench of Chief Justice Ramesh Singh and Justice Amitendra Kishore Prasad …

Death Murder Death Penalty Court Man Case State

4 days, 4 hours ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

Constitution Investigation Court High Second Cbi Set

Resolution Plan Approved By CoC Binds All Stakeholders Including Dissenting Financial Creditor: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan and Barun Mitra has held that the Resolution Plan which is approved in commercial wisdom of the CoC binds all stakeholders including the dissenting financial creditor. It was also argued that the Appellant being financial creditor having 6.64% voting share had no right or jurisdiction to challenge the decision of the …

Financial Resolution Bank Commercial Wisdom Resolution Plan Plan

4 days, 23 hours ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Appeal Resolution Order Resolution Professional Resolution Plan Tribunal Respondent

5 days, 2 hours ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

Appeal Court Review Delay Filed Filing Present

5 days, 2 hours ago

Copy Of Other Prospective Resolution Applicants' Plans Cannot Be Shared When Suspended Management Is Also A Resolution Applicant: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Barun Mitra has held that copy of the Resolution Plans submitted by other Prospective Resolution Applicants cannot be shared in advance with the suspended management of the corporate debtor when the suspended management is also a Resolution Applicant. It was further submitted that the CoC had approved the resolution …

Resolution Applicant Tribunal Plan Plans Shared Suspended

5 days, 4 hours ago

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

Live Law

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court …

Arbitration Dispute Court Parties Application Agreement Respondent

5 days, 9 hours ago

'A Synopsis Can't Run Into 128 Pages!' : Supreme Court Asks Registry To Ensure Synopsis Is Trimmed Down

Live Law

The Supreme Court recently expressed surprise at a synopsis of a petition running into 128 pages. "The appellant, who has appeared in person, has filed a synopsis running into 128 pages, loaded with details much of which is not relevant for our purposes. The appellant instead of appearing before the Family Court, Agra has directly challenged this order of the …

Supreme Court Court Run Supreme 128 Pages Registry

6 days ago

Companies Act | Approval Of Shareholders Mandatory For Listing Shares On Stock Exchange : Supreme Court

Live Law

The Supreme Court recently ruled that, without in-principle approval from the company's shareholders, debt-to-equity converted shares issued in favor of any person cannot be listed on the stock market.In other words, the Court stated that obtaining in-principle approval from the company's shareholders, as required under Section 62 of the Companies Act, 2013, is mandatory before. The Supreme Court recently ruled …

Supreme Court Rare Court Shareholders Companies Company Stock

6 days, 3 hours ago

'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

Live Law

The Kerala High Court underscored the importance of conducting effective investigation by the police by scientific methods of investigation technology, by not just relying on traditional methods of collecting evidence for ensuring a robust and efficient investigation process. The Court observed that the investigating officer failed to gather any evidence regarding the appellant's mental condition, did not mention her treatments, …

Investigation Evidence Court Medical Evidence Mental Scientific State

6 days, 6 hours ago

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing

Live Law

Recently, the Supreme Court expunged the adverse remarks against an advocate recorded by the Uttarakhand High Court without providing opportunity of hearing.Also, the Court set aside the High Court's direction to the State Bar Council to initiate misconduct proceedings against the advocate without affording him an opportunity of hearing to respond to the allegations labeled against him.“We. Recently, the Supreme …

Court Opportunity Hearing High Remarks Advocate Appellant

1 week ago

Rejection Of FCRA License Renewal To Be Challenged In Revision Before Appellate Authority Not In Appeal Before HC: Karnataka High Court

Live Law

The Karnataka High Court has said that an order rejecting an NGO's application for renewal of license under Foreign Contribution Act is to be challenged in revision before the appellate authority and an appeal questioning the order before high court is not maintainable. Justice K Natarajan held thus while dismissing an appeal filed Action for Community Organisation, Rehabilitation and Development …

Karnataka High Court Appeal Court Union Order Revision

1 week, 3 days ago

Secured Creditor Is Liable To Pay Liquidator's Fees Under Rule 21A Of Liquidation Regulations If Option U/S 52 Of IBC Is Exercised: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan, Barun Mitra and Arun Baroka has held that the fee of the liquidator has to be paid within 90 days from the liquidation commencement date as provided under Regulation 21A of the Liquidation Regulations if the secured creditor opts to realise its security interest under section 52 of the code. Observations: …

Regulation Regulations Pay Case Respondent Fee Asset

1 week, 4 days ago

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Live Law

The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. The bench comprising Justices BV Nagarathna and N Kotiswar Singh heard the criminal appeal filed by one Gurmeet Kaur, a District Town Planner against the High Court's refusal to quash the criminal case …

Court Sanction Demolition Official Duties Official Duties Crpc

1 week, 4 days ago

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters. The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without sufficient cause. They …

Court Respondent Jammu Appellant Sufficient Cause Bona Fide Reasons Timelines Delay

1 week, 4 days ago

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

Live Law

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old. The Motor Accidents Claims Tribunal awarded a compensation of Rs.5,90,750 in 2009, which the Delhi High Court enhanced to Rs 11,51,000 in 2017. Instead …

Supreme Court Court Accident

1 week, 4 days ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

Marriage Appeal Counsel Court Respondent 30 Days Appellant

1 week, 5 days ago

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

Live Law

The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST Act, 1989. They cannot also be termed as public in general.” The Court set aside the order dated November 13, 2019, passed by the Orissa High …

Supreme Court Court House Act Alleged Backyard Appellant

1 week, 5 days ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

Order Share Filed Kar Appellant Disobedience Court Instead

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Live Law

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13 of the 1955 Act. With this, the Court allowed an appeal filed by the Husband challenging a family court order whereby his application filed under …

Court Divorce Cruelty Case Respondent Appellant Long Separation

1 week, 6 days ago

Kerala High Court Upholds Conviction Of Riyas Aboobakkar For Propagating ISIS Ideologies, Awards 8-Yr Rigorous Imprisonment

Live Law

The Kerala High Court has upheld the conviction imposed upon Riyas Aboobakkar by the Special Court constituted under the NIA Act. The NIA Court framed charges and the Special Court found the appellant guilty and convicted him to ten years of rigorous imprisonment under Sections 38 and Section 39. The Court further stated that there is sufficient evidence including call …

India Kerala Evidence Court Digital Evidence Accused Ipc

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Articles for Appellant

Once CoC Approves Resolution Plan Then No Claim Is To Be Entertained: NCLAT

'Hiring' Of Helicopters By Andaman & Nicobar Admin Not Exigible To Tax Under Central Sales Tax Act: Delhi High Court

Charging Convenience Fee For Booking Online Movie Tickets Is Lawful: Andhra Pradesh State Commission Allows Big Tree Entertainment's Appeal

'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Resolution Plan Approved By CoC Binds All Stakeholders Including Dissenting Financial Creditor: NCLAT

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Copy Of Other Prospective Resolution Applicants' Plans Cannot Be Shared When Suspended Management Is Also A Resolution Applicant: NCLAT

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

'A Synopsis Can't Run Into 128 Pages!' : Supreme Court Asks Registry To Ensure Synopsis Is Trimmed Down

Companies Act | Approval Of Shareholders Mandatory For Listing Shares On Stock Exchange : Supreme Court

'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing

Rejection Of FCRA License Renewal To Be Challenged In Revision Before Appellate Authority Not In Appeal Before HC: Karnataka High Court

Secured Creditor Is Liable To Pay Liquidator's Fees Under Rule 21A Of Liquidation Regulations If Option U/S 52 Of IBC Is Exercised: NCLAT

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Kerala High Court Upholds Conviction Of Riyas Aboobakkar For Propagating ISIS Ideologies, Awards 8-Yr Rigorous Imprisonment