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NCLT Directs Telecom Department not to Terminate Aircel's License and Spectrum - 29.11.2019
National Company Law Tribunal has directed Aircel’s telecom licence not be cancelled granting relief to the company that filed for bankruptcy in March 2018. The Tribunal said in a direction to the Department of Telecommunication that without the license no resolution applicant will show any interest in reviving the company.
Tags : NCLT Aircel
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SEBI Permits ICICI Securities to Settle Shares Fraud Case - 29.11.2019
Securities and Exchange Board of India has permitted ICICI Securities to settle a case in which the brokerage had dealt with entities which had fraudulently acquired physical shares from dormant accounts and dematerialised them in accounts of bogus entities.
Tags : SEBI ICICI
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Supreme Court: Municipal Commissioners can be Prosecuted under Water Pollution Law - 29.11.2019
Supreme Court has ruled that municipal commissioners and chief officers can also be prosecuted under the Water (Prevention and Control of Pollution) Act,1974 over pollution of water bodies in their jurisdictional areas.
The Apex Court while clarifying the law on this point held that municipal bodies shall be deemed to be 'body corporate' and 'company' for the purposes of the Act and that their heads could be prosecuted for polluting water.
Tags : Supreme Court Water Pollution Law
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Karnataka High Court: AOR After Retirement Cannot Become Party’s Agent - 29.11.2019
Karnataka High Court has ruled that the Counsel on record after retiring from the case with the leave of the Court cannot become an agent of the party for prosecuting the suit’s proceedings.
Tags : Karnataka High Court AOR
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Supreme Court: Order Calling for General Court Martial can be Challenged Before AFT - 29.11.2019
Supreme Court has ruled that an order convening a General Court Martial can be challenged before an Armed Force Tribunal. The Court noted that as there was no order, decision, finding or sentence by the Court Martial an appeal under Section 15 of Armed Forces Tribunal Act 2007 is not maintainable though the Court took note of Section 14 which enables an aggrieved person to make an application to the Tribunal in any service matter.
Tags : Supreme Court General Court Martial
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Supreme Court Declines Hearing to Plea Accusing Shiv Sena of Breach of Trust - 28.11.2019
Supreme Court has refused to accord urgent hearing to a plea accusing Shiv Sena of committing breach of trust by aligning with Nationalist Congress Party and Congress to form Government in Maharashtra. The Court refused to list the Public Interest Litigation filed by a political activist for urgent hearing saying that the formation of post-poll alliances are not barred under any law.
Tags : Supreme Court Shiv Sena
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Supreme Court Invalidates Sec 87 of Arbitration & Conciliation Act Inserted through 2019 Amendment - 28.11.2019
Supreme Court has struck down Section 87 of the Arbitration and Conciliation Act, 1996 which was inserted through the 2019 Amendment Act passed by the Parliament during the last session. The Court held the provision to be “manifestly arbitrary” and violative of Article 14 of Constitution of India.
Tags : Supreme Court Arbitration
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Supreme Court: Issue of Limitation not to be Examined while Considering Application under Section 11 - 28.11.2019
Supreme Court has noted that while considering an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator, scope of examination by the Court is to be confined only to the existence of the arbitration agreement and nothing else. The Court further observed that once the existence of the arbitration agreement is not disputed, all issues including jurisdiction objections and limitations are to be decided by the arbitrator.
Tags : Supreme Court Limitation
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BHC: Arbitration Agreement not Exempt from Stamp Duty even if Contract is Executed Outside State - 28.11.2019
Bombay High Court (BHC) has ruled that even if a contract is executed outside the State of Maharashtra and the work is also carried outside the State but arbitration of any contractual dispute is to be held within the State then stamp duty will be payable under Maharashtra Stamp Act, 1958.
Tags : BHC Stamp Duty
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KHC: Word 'Soon Before Death' in Sec 304B Cannot be Interpreted as Immediately 'Prior to Death' - 28.11.2019
Karnataka High Court (KHC) has ruled that the word used under Section 304B of Indian Penal Code, 1860 though it is used soon before the death cannot be interpreted as prior to the death immediately even if it has to be taken into consideration depending upon the facts and circumstances of each case and the entire statement of the witness and the charge sheet material has to be looked into in this behalf.
Tags : KHC Soon Before Death
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