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Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court

Justice Sugato Majumdar of the High Court at Calcutta, while dismissing an application under Order XVIII Rule 17 read with Section 151 of CPC, 1908, ruled “Unexplained lethargy and long delay in production of document which is otherwise available cannot be cured at this belated stage. Bhoomi Minerals Ltd. due to distressed sale of the company in view of failure …

High Court

IBC | Sending Demand Notice Under Rule 7(1) To Personal Guarantor Cannot Be Termed As Arbitrary: Delhi High Court

The Delhi High Court Bench comprising of Justice Purushaindra Kumar Kaurav, while adjudicating a petition filed in Vineet Saraf v Rural Electrification Corporation Ltd., has declined to quash a Demand Notice sent to a personal guarantor under Rule 7 of the Insolvency and Bankruptcy Rules, 2019. The respondent in turn would be denied the opportunity to present their case before …

Delhi High Court Monthly Digest: October 2022 [Citations 926 - 1026]

Citations 2022 LiveLaw 926 TO 2022 LiveLaw 1026 NOMINAL INDEX Satyendra Kumar Jain v. ED 2022 LiveLaw 926 MICROMAX MEDIA PVT LTD v. M/S HEWLETT PACKARD INDIA SALES PVT LTD & ORS. Delhi Govt Yet To Constitute State Mental Health Authority Under 2017 Act, Existing Panel Cannot Continue: High Court Title: ABC v. GOVERNMENT OF NCT OF DELHI AND ORS …

Delhi High Court Weekly Round-Up: October 10 To October 16, 2022

Citations 2022 NOMINAL INDEX CIT Versus Travelport L.P. USA 2022 LiveLaw 946 Dharampal Satyapal Limited & Anr. Judicial Officer With 10 Yrs Standing Competent To Hear Appeals Under Public Premises Unauthorised Occupants Act: Delhi High Court Case Title: M/S Young Men S Tennis Club v. NDMC Citation: 2022 LiveLaw 954 The Delhi High Court has made it clear that a …

Delhi High Court

Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court

The Gujarat High Court has held that when a party approaches the Court with delay, grant of remedy of interim injunction may not be proper. Justice AP Thaker remarked, "The Plaintiff had also kept silence for almost 8 years in instituting the suit after the execution of the agreement to sell, the equitable relief of interim injunction at a belated …

Gujarat High Court

Mere Delay In Production Of OBC-Non Creamy Layer Certificate Not A Ground To Reject Candidature: Kerala High Court

The Kerala High Court observed that candidature under OBC Category cannot be rejected merely on the ground of belated submission of the OBC-NCL certificate by the candidate.This will only lead to a situation where the rights and opportunities guaranteed to the candidate under Articles 14 and 16 of the Constitution of India will be flagrantly violated, the bench comprising Justice …

Kerala High Court