2 December 2019


News

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

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

Share :

Top

Lok Sabha Passes Bill to Ban Electronic Cigarettes - 27.11.2019

Lok Sabha has passed the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019. The Bill seeks to replace an ordinance issued on September 18. Moreover this Bill aims to ban the production, import and sale of electronic cigarettes.

Tags : Lok Sabha Electronic Cigarettes

Share :

Top

Calcutta HC: Possession of Counterfeit Currency in Hidden Manner Amounts to Trafficking - 27.11.2019

Calcutta High Court has upheld an order of conviction for possession of counterfeit Forged Indian Currency Notes and remarked that the same would amount to trafficking the forged notes.

Tags : Calcutta HC Trafficking

Share :

Top

Supreme Court: Assignment of Interest is not Valid because it was not Clearly Prohibited in Contract - 27.11.2019

Supreme Court has observed that assignment of contractual interest cannot be held to be valid merely because there is no clear bar against assignability stipulated in the contract. The Court noted that it has to be seen whether the terms of the contract and the circumstances in which the contract was entered into lead to an inference that the parties did not intend to make their interest assignable.

Tags : Supreme Court Contract

Share :

Top

SC Directs Status Quo on HC Direction to Evict 28 Anglo Indian Families from Lease Land in Prayagraj - 27.11.2019

Supreme Court has in a temporary relief to 28 Anglo Indian families who were facing the threat of eviction following an order of the Allahabad High Court directed to maintain status quo for the time being. The Court issued notice on a plea filed against the order of the High Court whereby the High Court had upheld the decision of the State Government to evict 28 Anglo India Families from lease held land for creation of public park.

Tags : SC Prayagraj

Share :

Top

Supreme Court: Person Interested in Outcome of Dispute Must not have Power to Appoint Sole Arbitrator - 27.11.2019

Supreme Court has reiterated that a person who has an interest in the outcome or decision of the dispute must not have power to appoint a sole arbitrator.

Tags : Supreme Court Arbitrator

Share :

Top

SEBI Bans 4 Firms from Carrying Out Investment Advisory Services - 27.11.2019

Securities and Exchange Board of India has barred four entities i.e 3M Team Research, Samrat Trades, Core Investment and Core Grp from carrying out investment advisory services till further orders. The entities have been prohibited for many reasons including providing investment advisory services without obtaining necessary registration and promising unrealistic assured return to investors among others.

Tags : SEBI Investment Advisory

Share :

Top

NCLT: Ministry of Corporate Affairs Should be Party in all IBC Proceedings - 26.11.2019

National Company Law Tribunal, Principal Bench has ruled that it will be mandatory to make Ministry of Corporate Affairs a party to all the cases under the Insolvency and Bankruptcy Code, 2016 as well all the Company petitions on grounds that authentic record is made available by the officers of the Ministry for proper appreciation of the matters.

Tags : NCLT IBC

Share :

Top

SC: Disputes About Properties which are not Subject Matter of Dispute can be Settled in Mediation - 26.11.2019

Supreme Court has observed that Settlement Agreement which has become part of a Court’s order is executable irrespective of the fact whether the agreement is with respect to the properties which was/were the subject matter of the proceedings before the Court or not.

Tags : SC Mediation

Share :

Top

NGT: Prepare Action Plan to Clear Legacy Waste at Bhalswa, Ghazipur and Okhla - 26.11.2019

National Green Tribunal has directed the Delhi Government to prepare an action plan to clear the legacy waste lying at the Bhalswa, Ghazipur and Okhla landfill sites within a year. The Tribunal said according to the statistics furnished to it, about 1,500 tonnes per day of garbage is being bio-mined as against addition of more than 5,000 TPD in Delhi.

Tags : NGT Legacy Waste

Share :

Top

SEBI Levies Rs 40.5 Lakh Fine on 7 Firms - 26.11.2019

Securities and Exchange Board of India has imposed a total fine of Rs 40.5 lakh on seven companies for indulging in fraudulent trading in the illiquid stock options segment on the BSE.

Tags : SEBI Fine

Share :

Top

Maharashtra Government Formation: Supreme Court Orders Floor Test - 26.11.2019

Supreme Court has ordered floor test in Maharashtra Assembly for Chief Minister Devendra Fadnavis to prove his majority in the House on November 27, 2019. The Apex Court also directed Maharashtra Governor to ensure that all elected members of the house are sworn in on the same day. Further the entire exercise has to be completed by 5 pm. Moreover the Court also said that the entire proceedings has to be telecast live and that the voting in the assembly shall not be on the basis of secret ballot.

Tags : Supreme Court Floor Test

Share :

Top

SC Directs EC to Decide on Plea Seeking to Bar Candidates with Criminal Records from Contesting Polls - 26.11.2019

Supreme Court has asked the Election Commission to pass a "reasoned order" on a representation seeking to restrain political parties from fielding candidates with criminal antecedents in polls. The Apex Court passed the order while refusing to entertain a Public Interest Litigation filed by lawyer and BJP leader Ashwini Upadhyay seeking a direction to the poll panel to devise a mechanism to ensure that parties be restrained from fielding candidates with criminal records.

Tags : SC EC

Share :

Top

Gujarat High Court Upholds Power of State Government to Permanently Debar Notaries - 25.11.2019

Gujarat High Court has upheld the power of the State Government to permanently debar Notaries. In doing so, it has partly set aside an order of a Single Judge who had held that Rule 13(12)(b) of the Notaries Rules, 1956 which grants the Government the power to permanently debar a notary was ultra vires the Notaries Act, 1952.

Tags : Gujarat High Court Notaries

Share :

Top

SC Grants Relief to Short Tempered Army Officer who shot Boy for Plucking Fruits from his Compound - 25.11.2019

Supreme Court has acquitted of murder charges a retired Army Officer accused of killing a boy who was plucking fruits from his defence enclave and modified the conviction to Culpable Homicide not Amounting to Murder.

Tags : SC Army Officer

Share :

Top

SC: Husband who got Acquitted after Trial in Sec 498A IPC Case can Seek Divorce on Ground of Cruelty - 25.11.2019

Supreme Court has noted that when a husband undergoes a trial in which he is acquitted of the allegation of offence leveled by his wife under Section 498A of Indian Penal Code, 1860, it cannot be said that no cruelty has meted on him.

Tags : SC Cruelty

Share :

Top

Allahabad High Court Stays Hiring of Contractual Employees by State Government - 25.11.2019

Allahabad High Court has restrained the State Government from engaging service providers to provide contractual employees against regular sectioned posts, and sought the State Government’s explanation on the issue. The Court directed the State Government to explain within a week why the sanctioned posts were not being filled and whether it was permissible after judgment of the Supreme Court in the case of “State of Karnataka v. Uma Devi” of 2006.

Tags : Allahabad High Court Contractual Employees

Share :

Top

Telangana High Court Gives Approval for Privatisation of 5,100 RTC Routes - 25.11.2019

Telangana High Court has disposed of a writ petition filed against the State Government''s decision to privatise 5,100 RTC routes in a major setback to the striking employees of the Telangana State Road Transport Corporation.

Tags : Telangana High Court RTC Routes

Share :

Top

SEBI Prohibits Karvy Stock Broking for Rs 2,000 Crore Client Defaults - 25.11.2019

Securities and Exchange Board of India has prohibited Karvy Stock Broking from taking new clients and executing trades after a major scandal hit the stock markets with the brazen modus operandi of misusing clients' funds.

Tags : SEBI Karvy

Share :