14 September 2020

Search Results for Tag : Proceedings


Jammu and Kashmir HC approves suo moto accountability(01.02.2016)

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginni.....

Tags : Accountability commission, suo moto, proceedings


Court rejects spouse’s conditional cooperation in matrimonial dispute(05.05.2016)

Parties to a matrimonial case cannot stall the legal system by refusing to participate in the proceeding on the precondition that another proceeding b.....

Tags : matrimonial dispute, parallel proceedings, delay


State has no business to expropriate property, if an award made and necessary steps to complete acquisition have not been taken for a period of five years or more(09.09.2016)

In instant case, a Notification under Section 4 of Land Acquisition Act, 1894, was issued on 24th October, 1961, stating that public purpose for acqui.....

Tags : Compensation, Acquisition, Proceedings, Lapsed


A special law shall prevail over the general and prior laws(14.12.2016)

Present Appellant filed an application before trial court to drop the proceedings against him. Trial court partly allowed application and dropped proc.....

Tags : Charge, Provisions, Proceedings, Validity


Deposit of compensation amount in government treasury is not equivalent to compensation paid to landowners/persons interested(20.12.2016)

Instant Petition by Petitioners claiming to be legal heirs of owner of land situated at Talavali village, Taluka and District Thane within municipal l.....

Tags : Acquisition, Compensation, Proceedings, Lapse


Officer dealing externment proceedings against person has to record his opinion that witnesses not willing to give evidence in public against that person(19.12.2016)

In order to fulfill mandate of Section 56 (1) (b) of Maharashtra Police Act, designated officer dealing externment proceedings has to record his opini.....

Tags : Proceedings, Externment, Validity


To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)

Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....

Tags : Proceedings, Jurisdiction, Cause of action


Designated officer dealing externment proceedings has to record opinion that, witnesses not willing to give evidence in public(02.02.2017)

Instant Petition filed for quashing and setting aside of impugned orders passed by Ld. Divisional Commissioner, Aurangabad and Sub Divisional Officer,.....

Tags : Proceedings, Externment, Validity


A charge-sheet or show cause notice, issued in course of disciplinary proceedings, cannot ordinarily be quashed by Court(13.02.2017)

Applicant has assailed memorandum of charges and order whereby Respondents have not considered grant of medical leave from 21st March, 2014 to 10th Ap.....

Tags : Charge, Proceedings, Delay


For attracting the provisions of offence punishable Section 7 of Essential Commodities Act,1955/Act the order under Section 3 of Act is essential.(08.03.2017)

By way of filing these applications, Applicants have prayed to quash and set aside respective first information reports, registered against them for .....

Tags : FIR, Proceedings, Quashing


Conviction under Section 306 of Indian Penal Code, 1860 can be sustained only on positive act on part of accused to instigate or aid in committing suicide(06.03.2017)

In facts of present case, Applicant submits that, even reading of suicide note as it is, it does not disclose any grudge and grievance against presen.....

Tags : Mens rea, Proceedings, Validity


Power to punish for contempt vested in a Court of Record does not extend to punishing for contempt of superior Court(02.01.2017)

In present appeals, Appellants called in question the correctness of an order passed by a Division Bench of High Court of Delhi whereby Appellants hav.....

Tags : Proceedings, Suo-motu, Contempt, Jurisdiction


An ‘error of judgment’ by doctor does not make him guilty of criminal negligence under section 304-a of IPC(06.04.2017)

Appellant herein is a doctor and has challenged order passed by High Court of Judicature of Bombay, whereby Petition filed by Appellant under Section .....

Tags : Negligence, Proceedings, Quashing


Legal proceedings cannot be initiated without completing assessment proceedings(14.06.2017)

In facts of present case, Appellant imported P-68 watch movement from Hong Kang and filed Bills of Entry. On basis of invoice issued by overseas suppl.....

Tags : Proceedings, Demand, Maintainability


An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)

Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....

Tags : Departmental proceedings, Dismissal, Validity


Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)

In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....

Tags : Execution proceedings, Jurisdiction


An appeal shall lie only from the final order passed by a Court(15.09.2017)

The present writ petition has been filed challenging the order passed by the learned Financial Commissioner in Revision Petition whereby the learned F.....

Tags : Proceedings, Appeal, Maintainability


Sufficiency of the material cannot be called into question(27.09.2017)

The Petitioner has invoked the writ jurisdiction of present Court under Article 226 of the Constitution of India and under Section 482 of the Code of .....

Tags : Externment, Proceedings, Validity


Once any act or omission has been found to have been committed by a public servant in discharge of his duty then, it must be given liberal and wide construction(26.09.2017)

The Petitioner have filed applications challenging the impugned order passed by Sub-divisional Judicial Magistrate, taking cognizance of offences unde.....

Tags : Proceedings, Sanction, Legality


Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)

In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....

Tags : Proceedings, Legality, Supervisory jurisdiction


Executive Directors are authorized to extend validity of waiting lists of candidates for further period of one year(13.11.2017)

The Petitioner, working as Junior Engineer with Respondent No. 1-the Maharashtra State Electricity Distribution Limited ("the MSEDCL") has approached .....

Tags : Disciplinary proceedings, Pendency, Selection


Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)

By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....

Tags : Arbitral proceedings, Termination, Validity


When sender has dispatched notice by post with correct address, then it can be deemed to have been served upon the sendee(19.04.2018)

The Applicant, through present application moved under Section 482 of Code of Criminal Procedure, 1973 (CrPC), has invoked the inherent jurisdiction o.....

Tags : Notice, Service, Proceedings, Quashing of


Mere payment of contributions after filing of case will not absolve employer from his liability(27.04.2018)

In facts of present case, on November 19, 2014, Enforcement Officer, Employees Provident Fund Organization (Opposite party No. 2) inspected the establ.....

Tags : Provident Fund, Deposit, Default, Proceedings, Quashing


Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at beginning of transaction(31.05.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed for quashing the summoning order passed by Additional .....

Tags : Misappropriation, Proceedings, Quashing of


Relatives of husband should not be roped in on basis of omnibus allegations unless specific instances of their involvement in crime are made out(21.08.2018)

In instant case, Respondent No. 2 submitted a complaint to the Police Station, Cyberabad, alleging harassment by her husband and his family members in.....

Tags : FIR, Proceedings, Quashing


Departmental inquiry can continue despite acquittal of delinquent in a criminal case(18.08.2018)

The present writ petition has been filed for quashing the order issued by the District & Sessions Judge, whereby and whereunder, the Petitioner has be.....

Tags : Disciplinary proceedings, Inquiry, Legality


Act of issuance of process is a serious business; a trial cannot be based on vague and incomplete allegations in complaint(26.09.2018)

Present application has been filed for invoking inherent powers of present Court, by the original accused No. 2 in order to challenge order of issue o.....

Tags : Complaint, Proceedings, Validity


High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)

The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....

Tags : Proceedings, Quashing of, Jurisdiction


Accused is entitled to get discharge, if there is no material on record to attract ingredients of offences alleged(29.10.2018)

The Petitioner herein has filed Petition under Section 227 of Code of Criminal Procedure, 1973 (CrPC) praying to discharge him from case pending on th.....

Tags : Proceedings, Discharge, Grant


Case of demand of dowry must co-relate with marriage or pre-marriage stage and not every demand after marriage will come within purview of dowry(06.12.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed to quash the proceeding of case under Sections 498A, 3.....

Tags : Dowry demand, Proceedings, Quashing of


If cheque amount with assessed cost and interest has been paid, proceedings can be closed even in absence of complainant(01.01.2019)

The complainant/Respondent No. 1 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on th.....

Tags : Proceedings, Cheque, Dishonour, Compounding thereof


Mere fact that, complaint relates to a commercial transaction or breach of contract for which a civil remedy is available is not by itself a ground to quash criminal proceedings(11.01.2019)

Criminal Miscellaneous application is for quashing the order rejecting the petition filed for discharge of the Petitioner. The allegation against the .....

Tags : Commercial transaction, Breach, Proceedings, Quashing


Once Investigating Officer submitted final report on conclusion of investigation, High Court was not justified in interfering with criminal proceedings(22.01.2019)

In instant matter, the Appellant herein-original Complainant filed a Criminal Complaint against the private Respondents herein-the original Accused be.....

Tags : Proceedings, Quashing of, Validity


If dismissal of complaint was not on merit, but on default of complainant, moving Magistrate again with a second complaint on same facts is maintainable(14.12.2018)

Present appeal is against the final judgment passed by the High Court allowing Criminal Original Petition filed under Section 482 Code of Criminal Pro.....

Tags : Proceedings, Quashing of, Validity


Mere fact of taking of cognizance in no way can be said to be "commencement of proceeding"(18.02.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the order passed by learned Sub-divis.....

Tags : Cognizance, Proceedings, Quashing of


For summoning an Accused under Section 319 of Cr. PC, it requires much stronger evidence than mere probability of his complicity(27.02.2019)

Present appeals arise out of the order passed by the High Court by which the High Court has affirmed the order of the trial court summoning the Appell.....

Tags : Summon, Proceedings, Validity


Order whereby cognizance of offence has been taken by the Magistrate should not be interfered with, unless it is perverse or based on no material(07.03.2019)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Applicant with the request to quash the summoni.....

Tags : Cognizance, Proceedings, Final report


Remedy available under Consumer Protection Act does not debar criminal action(14.03.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashment of impugned order whereby the applicati.....

Tags : Proceedings, Cognizance, Quashing of


At stage of framing charges, Court would only be required to consider existence of a prima facie case(28.03.2019)

Present Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) praying for setting aside the order by means of which, th.....

Tags : Charge, Proceedings, Validity


For wrongdoing of a Company, its officers may be responsible, but not to extent that all employees of a Company would be criminally liable(28.03.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). For quashing of the order of cognizance passed by.....

Tags : Proceedings, Quashing of, Validity


Matter which essentially involves disputes of civil nature should not be allowed to be subject matter of a criminal offence(26.04.2019)

Through the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), Petitioner seeks quashment of complaint filed by Re.....

Tags : Proceedings, Quashment, Civil dispute


Departmental proceedings shall be deemed to be instituted on date on which statement of charges is issued to Government servant or pensioner(03.05.2019)

The Petitioner assails the order passed by the Central Administrative Tribunal. The Petitioner had assailed the initiation of departmental proceedings.....

Tags : Departmental proceedings, Time limit, Applicability


Vague and general allegations not enough to incriminate remote relatives of husband(04.06.2019)

The Applicants preferred present application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking relief to quash and set aside th.....

Tags : FIR, Proceedings, Quashing of


Persons who were in charge of and responsible for conduct of business of company at time of commission of offence are only liable for criminal action(06.06.2019)

The Petitioner is a employee of SIDBI Venture Capital Limited, which appointed the Petitioner as a nominee Director of the Avni Energy Solutions Priva.....

Tags : Proceedings, Quashing of


A second or successive FIR filed in connection with same or connected cognizable offence committed in course of same transaction is not maintainable(18.06.2019)

In facts of present case, the Respondent No. 2 had lodged an F.I.R. on 15th December, 2016 based on which, case was registered under Section 498(A) of.....

Tags : Second FIR, Proceedings, Quashing of


No Court could take cognizance of offence under Section 186 of IPC except on a complaint of a proper officer made under Section 195 of CrPC(01.07.2019)

Petitioner impugns order, whereby, charges have been framed against the Petitioners under Sections 186, 353 and 307 of Indian Penal Code, 1860 (IPC) r.....

Tags : Cognizance, Proceedings, Validity


Cognizance can be taken only on a complaint made by Appropriate Authority concerned(16.07.2019)

Present appeal arises out of judgment passed by the High Court by which the High Court has quashed the summoning order issued against the Respondents .....

Tags : Cognizance, Proceedings, Quashing of


If basic ingredients of offence alleged are altogether absent, it is open to High Court to quash criminal proceedings(31.07.2019)

Present appeal is against a judgment passed by the High Court dismissing Criminal Petition filed by the Appellant under Section 482 of the Code of Cri.....

Tags : Proceedings, Quashing of, Jurisdiction


Powers to summon any witness can be invoked at any stage of inquiry or trial, if such evidence appears to the Court to be essential(09.08.2019)

The present criminal revision petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of order passed by learn.....

Tags : Witness, Summon, Proceedings, Quashing of


No automatic termination of recovery proceedings against members is contemplated on termination of liquidation proceedings(20.08.2019)

The question involved in the present matter is whether under the provisions of Section 109 of the Maharashtra Co-operative Societies Act, 1960 on expi.....

Tags : Liquidation, Liability, Proceedings, Members


There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)

The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....

Tags : Award, Arbitral proceedings, Termination


Interim stay granted in respect of one pocket of land would operate even with respect to other pockets of land(04.09.2019)

The State of Maharashtra have preferred the present appeals against impugned judgments passed by the High Court, by which the High Court has quashed t.....

Tags : Award, Declaration, Proceedings, Quashing of


High Court has inherent power to quash criminal proceedings even in non-compoundable cases, where parties have settled matter between themselves(05.09.2019)

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), a prayer has been made on behalf of the Petitioners.....

Tags : Settlement, Proceedings, Quashing of


Mere storage cannot be construed as an attempt to commit an offence under Section 328 of IPC(13.09.2019)

The Petitioners, who are arraigned as accused in FIR registered for the offences punishable under Sections 179, 188, 273 and 328 of the Indian Penal C.....

Tags : FIR, Proceedings, Quashing of


FIR as well as criminal proceedings can be quashed to prevent abuse of process of any Court, even in not compoundable cases, where parties have settled the matter(04.10.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR registered under Sections 354(D) .....

Tags : FIR, Proceedings, Quashing of


In order to initiate contempt proceedings, it has to be established that disobedience of order was 'wilful'(11.10.2019)

Present is a case in which contempt of court proceedings are sought to be initiated against the Respondent, who is a Judicial Officer, on the ground t.....

Tags : Contempt, Proceedings, Initiation


Punishment which is grossly in excess to allegations remains open for interference under scope of judicial review(21.10.2019)

In present case, departmental proceedings initiated against Appellant for which he was served a memorandum under Rule 14 of Central Civil Services (cl.....

Tags : Disciplinary proceedings, Removal, Legality


High Court can invoke its powers under Section 482 of CrPC, if non-application of mind is revealed and no offence is made out(07.01.2020)

Present petition has been filed by original accused, challenging the order of issuance of process against him for the offence punishable under Section.....

Tags : Proceedings, Issuance, Legality


Mere fact of arbitration clause in agreement cannot prevent criminal prosecution against accused, if an act constituting a criminal offence is prima facie made out(17.01.2020)

In facts of present case, the complainant is a company conducting chitty business. Mr. M.L. George was the subscriber of four chitties conducted by th.....

Tags : Cheque bounce, Proceedings, Quashing of


Progress of the criminal law, once legitimately set in motion, should not be halted by judicial diktat, save in exceptional circumstances(06.05.2020)

Present writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) read with Article 226 of the Constitution of India, .....

Tags : Proceedings, Quashing of, Entitlement


Employer has a right to withhold the gratuity during the pendency of the disciplinary proceedings(27.05.2020)

In the facts of present case, Respondent ¬employee was in service and posted as Chief General Manager. He was served with the charge-sheet. There was .....

Tags : Gratuity, Pendency, Disciplinary proceedings


When product has the necessary barcode on it containing all the relevant information, there is no violation of Regulations(04.09.2020)

In present matter, the Appellant questions his prosecution under Rule 32(e) of the Prevention of Food Adulteration Rules, 1955 framed under the Preven.....

Tags : Barcode, Proceedings, Quashing of


Attorney General's Consent is not necessary in Suo Motu Contempt Proceedings(14.08.2020)

A petition came to be filed in present Court by Mahek Maheshwari bringing to the notice of present Court, a tweet made by Mr. Prashant Bhushan, Advoca.....

Tags : Contempt Proceedings, Attorney general, Consent


Notifications & Circulars

Clarification on prosecutions filed or internal adjudication proceedings initiated against Independent Directors, non-promoters and non-KMP non-executive directors(02.03.2020)

1. Under several provisions of the Companies Act, 2013 [Act], proceedings are required to be initiated against an officer in default for violations co.....

Tags : Clarification, Internal adjudication, Proceedings



Gujarat HC: ICAI Not Empowered to Conduct Disciplinary Proceedings Without Written Allegations(17.03.2020)

Gujarat High Court has held that the Institute of Chartered Accountant of India (ICAI) is not empowered to conduct any disciplinary proceedings withou.....

Tags : Gujarat High Court, Disciplinary Proceedings, ICAI


Gujarat HC Declines Plea to Restrain Recovery Measures(23.03.2020)

Gujarat High Court has dismissed a Petition, seeking that all banks and financial institutions be directed not to initiate any auction/recovery procee.....

Tags : Gujarat High Court, Recovery Proceedings


Calcutta HC Initiates Contempt Against Lawyer Who Cursed Judge with COVID-19 Infection(25.03.2020)

Calcutta High Court has initiated criminal contempt proceedings against a lawyer, Advocate Bijoy Adhikary, for cursing the judge to contract Corona Vi.....

Tags : Calcutta High Court, Contempt Proceedings Against Lawyer


Allahabad HC Extends 12 Months Period for Disposal of Arbitral Proceedings(06.04.2020)

Allahabad High Court has extended the 12 months period stipulated under Section 29A of the Arbitration & Conciliation Act, 1996, for the Arbitral Trib.....

Tags : Allahabad High Court, Disposal of Arbitral Proceedings


Bombay HC: Failure to Comply with Section 5-A Vitiates Acquisition Proceedings(08.04.2020)

Bombay High Court has reiterated that failure to comply with the provisions of Section 5-A of the Land Acquisition Act, 1894 results in vitiation of t.....

Tags : Bombay High Court, Acquisition Proceedings


Delhi HC Directs Proceedings Against Police Officers for Not Registering FIR(29.04.2020)

Delhi High Court has directed for initiating proceedings against police officers, under Section 4 of the Scheduled Castes and Scheduled Tribes (Preven.....

Tags : Delhi High Court, Proceedings Against Police Officers


SC: Non-Participation in Arbitral Proceedings Results in Waiver of Right to Object Jurisdiction(30.04.2020)

Supreme Court has held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude .....

Tags : Supreme Court, Non-Participation in Arbitral Proceedings


Kerala HC Stays Criminal Proceedings Against Children Below 7 Yrs of Age, Accused of Rape(11.05.2020)

Kerala High Court has stayed all the criminal proceedings and has directed the concerned authorities to forthwith put the case where three children, b.....

Tags : Kerala High Court, Criminal Proceedings Against Children


Calcutta High Court Allows Live-Streaming of Proceedings(13.02.2020)

Calcutta High Court has granted permission for live-streaming of proceedings in a matter related to whether the children of Parsi Zoroastrian women ma.....

Tags : Calcutta High Court, Live Streaming of Proceedings


ITAT, Kolkata Quashes Re-Assessment Proceedings Against Price Waterhouse & Co.(13.02.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata has quashed the re-assessment proceedings against Price Waterhouse & Co. and held that to reopen the ass.....

Tags : Income Tax Appellate Tribunal, Re-Assessment Proceedings Against Price Waterhouse & Co.


Bombay HC: Land Acquisition Proceedings Cannot be Held Null and Void Because Notice Not Issued(18.02.2020)

Bombay High Court has ruled that proceedings under the Land Acquisition Act, 1894 cannot be held to be null and void simply because the notice was not.....

Tags : Bombay High Court, Land Acquisition Proceedings


NCLT, Mumbai Orders to Restore E-way Bill Facility for Taxpayers Undergoing Insolvency Proceedings(26.02.2020)

National Company Law Tribunal (NCLT), Mumbai has ordered to restore the e-way bill facility for taxpayers undergoing insolvency proceedings.

Tags : National Company Law Tribunal, E-way Bill Facility for Taxpayers Undergoing Insolvency Proceedings


Gauhati HC Asks for Clarification on Whether NCLT Covers Proceedings Pending Before GST Authorities(27.02.2020)

Gauhati High Court has asked the Central government for fresh consideration by examining the aspect as to whether the order of moratorium of the Natio.....

Tags : Gauhati High Court, Proceedings Pending Before GST Authorities


National Company Law Appellate Tribunal Sets Aside Flipkart’s Insolvency Proceedings(28.02.2020)

National Company Law Appellate Tribunal has set aside the order of the National Company Law Tribunal to initiate insolvency proceedings against Flipka.....

Tags : National Company Law Appellate Tribunal, Flipkart’s Insolvency Proceedings


Calcutta HC: 'Persons Interested' Include Those Who Have Stake in Compensation Proceedings(02.03.2020)

Calcutta High Court has held that 'persons interested' in land acquisition proceedings include, not only persons who have an interest in the acquisiti.....

Tags : Calcutta High Court, Compensation Proceedings


Delhi HC: No Requirement to Issue Two Separate Notices for Reopening of Assessment Proceedings(04.03.2020)

Delhi High Court has held that there is no requirement to issue two separate notices in the name of amalgamated Companies for the reopening assessment.....

Tags : Delhi High Court, Separate Notices for Reopening of Assessment Proceedings


SC: No Lapse of Proceedings Under Old Act if Compensation is Deposited in Treasury(06.03.2020)

Supreme Court has held that proceedings under the Land Acquisition Act, 1894 will not lapse if the compensation has been tendered by deposit in treasu.....

Tags : Supreme Court, Lapse of Proceedings


SC: Truth is a Valid Defence in Contempt Proceedings Only If It is Bonafide and in Public Interest(01.09.2020)

Supreme Court has observed that, for considering the truth as valid defence in Contempt proceedings, there is a twin requirement which needs to be sat.....

Tags : Supreme Court, Defence in Contempt Proceedings


Orissa HC Asks BCI to Give Instructions to Lawyers on Decorum in Video Conference(04.09.2020)

Orissa High Court has asked the Bar Council and Bar Association to give necessary instruction to lawyers so that they do not breach the decorum as wel.....

Tags : Orissa High Court, Decorum of Court Proceedings


SC Stays Disciplinary Proceedings Against Madhya Pradesh District Judge(07.09.2020)

Supreme Court has issued notice & also stayed disciplinary proceedings against a Senior District Judge from Madhya Pradesh on account of sexual harass.....

Tags : Supreme Court, Disciplinary Proceedings


Kerala HC Seeks Response from Govt on SARFAESI Proceedings on Loan Accounts(11.09.2020)

Kerala High Court has sought response from the Central Government about the banks' plea seeking permission to continue Securitisation and Reconstructi.....

Tags : Kerala High Court, Loan Accounts, SARFAESI Proceedings


Rajasthan HC Directs DGP to Initiate Proceedings Against IO in Rape Case of Minor(17.09.2020)

Rajasthan High Court directed the Director General of Police to take departmental action and initiate departmental proceedings for major penalty again.....

Tags : Rajasthan High Court, Proceedings Against IO in Rape Case


Gauhati HC Put Hold on Assembly Proceedings in Arunachal Pradesh(18.12.2015)

Gauhati High Court has put on hold assembly proceedings in Arunachal Pradesh till February 2, providing relief to Congress Government which was voted .....

Tags : Gauhati High Court, Arunachal Pradesh proceedings


SC Stays Delhi HC Contempt Proceedings Against Centre for Failure to Publish Notification(14.08.2020)

Supreme Court has stayed the contempt of court proceedings initiated by Delhi High Court against Ministry of Environment, Forest & Climate Change (MoE.....

Tags : Supreme Court, Contempt Proceedings Against Ministry of Environment, Forest & Climate Change


Supreme Court: High Court have Power to Dispense with Disciplinary Proceedings by Recording Reasons(11.11.2019)

Supreme Court has noted that the High Courts have power to dispense with the disciplinary proceedings by invoking clause (b) of the second proviso to .....

Tags : Supreme Court, Disciplinary Proceedings


ITAT, Jaipur: Defect in Notice would invalidate Penalty Proceedings(26.06.2019)

Income Tax Appellate Tribunal (ITAT), Jaipur Bench has held that the defect in the notice issued by the income tax department would nullify the entire.....

Tags : Income Tax Appellate Tribunal, Invalidation of penalty proceedings


Penalty Proceedings can’t be Initiated Without a Specific Charge: ITAT(19.04.2019)

Income Tax Appellate Tribunal (ITAT), Indore bench has ruled that no penalty proceedings can be initiated on a suspected defaulter assessee without sp.....

Tags : ITAT, Penalty Proceedings, Specific Charge


SERVICE - No Disciplinary Proceedings Against Employee for 'Illicit Sexual Relationship': Rajasthan HC(18.03.2019)

Rajasthan High Court has held that government shall not initiate departmental proceedings against a government servant on basis of a complaint allegin.....

Tags : Rajasthan High Court, Illicit Sexual Relationship, Departmental proceedings


Multiple Proceedings on Same Issue Not Permissible Under RERA 2016: Maharashtra RERA(29.12.2018)

Maharashtra Real Estate Regulatory Authority has held that multiple proceedings on the same issue cannot be allowed under the Real Estate (Regulation .....

Tags : Maharashtra Real Estate Regulatory Authority, Multiple Proceedings


Insolvency Proceedings can be Withdrawn After Invitation Of Resolution Plans Under Regulation 36A: SC(30.01.2019)

Supreme Court has permitted withdrawal of Corporate Insolvency Resolution Process(CIRP) even after Resolution Professional issued invitation for expre.....

Tags : Supreme Court, Insolvency Proceedings, Invitation Of Resolution Plans


Exoneration in Departmental Proceedings Won't Lead to Dropping of Criminal Charges: Patna HC(04.02.2019)

Patna High Court has reiterated that exoneration in departmental proceedings ipso facto would not result into quashing of criminal prosecution against.....

Tags : Madras High Court, Departmental Proceedings, Dropping of Criminal Charges


Insolvency Proceedings can be Closed on Basis of Settlement Prior to Formation of CoC: NCLAT(15.02.2019)

National Company Law Appellate Tribunal has asked the Kolkata Bench of National Company Law Tribunal to close an insolvency proceeding by accepting th.....

Tags : NCLAT, Insolvency Proceedings


Accused in Summary Court Martial Proceedings can Engage Legal Advisor: SC(18.12.2018)

Supreme Court has observed that an accused in a Summary Court Martial is entitled to have the benefit of legal representation.

Tags : Supreme Court, Summary Court Martial Proceedings


Fraud Vitiates Proceedings and Such Plea can be Set Up Even in Collateral Proceedings: SC(03.10.2018)

Supreme Court has observed that fraud vitiates the solemn proceedings and such plea can be set up even in collateral proceedings immaterial of the lab.....

Tags : Supreme Court, Collateral Proceedings


Delhi HC Directs Contempt Proceedings Against Police Officer for Filing Misleading Status Reports(08.10.2018)

Delhi High Court has directed initiation of contempt proceedings against a senior police officer for filing misleading and incorrect information in a .....

Tags : Delhi High Court, Contempt Proceedings


Supreme Court Favours Live-streaming of Court Proceedings(09.07.2018)

Supreme Court has favoured live-streaming of court proceedings.

Tags : Supreme Court, Court Proceedings


No Need for Shareholder Nod for Insolvency Resolution Plan: Govt(26.10.2017)

Government has said insolvency resolution plans, such as sale and transfer of assets, do not require approval from shareholders or the company as the .....

Tags : Insolvency Proceedings


Gujarat HC Denies Relief to Essar Steel Against RBI’s Order to Initiate Insolvency Proceedings(18.07.2017)

Gujarat High Court has dismissed Essar Steel’s Petition against Reserve Bank of India’s directive to Banks for initiating insolvency proceedings again.....

Tags : Gujarat High Court, Insolvency Proceedings


NCLT: Promoters Cannot Escape Liquidation of Personal Assets(19.07.2017)

National Company Law Tribunal has held that personal properties of Promoters given as security to Banks can be proceeded against, in spite of initiati.....

Tags : National Company Law Tribunal, insolvency proceedings


Delhi HC: Search, Re-Assessment Proceedings in Name of a Non-Existent Entity is Invalid(04.08.2017)

Delhi High Court has held that search warrant and notice for re-assessment proceedings issued u/s 148 of Income Tax Act, 1961 is invalid if the same w.....

Tags : Delhi High Court, Search, Re-Assessment Proceedings


Insolvency Proceedings: New form Allows Homebuyers to Seek Claims From Firms(21.08.2017)

Government has introduced a new form under insolvency law to enable a person who has to receive a payment from an insolvent company to seek the claim......

Tags : Insolvency Proceedings


Supreme Court: Speedy Recovery Proceedings Is the Need of the Day(19.04.2017)

SC, while upholding Rule 5 of MP Micro & Small Enterprises Facilitation Council Rules, 2006, which provides for recovery of amount for which award is .....

Tags : Supreme Court, Speedy Recovery Proceedings


Supreme Court: Confiscation Proceedings Independent of Main Criminal Case(15.05.2017)

Supreme Court has clarified that confiscatory proceedings are independent of main criminal proceedings, and it is meant to provide a deterrent mechani.....

Tags : Supreme Court, Confiscation Proceedings


Madras High Court Quashes Disciplinary Proceedings Against IPS Officer(13.01.2017)

Madras High Court has quashed disciplinary proceedings and charge memo against senior IPS officer and additional DGP Pramodkumar who was under suspens.....

Tags : Madras High Court, disciplinary proceedings


Delhi HC: Quashing Disciplinary Proceedings On Procedures Does Not Exonerate Employee(06.02.2017)

Delhi High Court has ruled that if disciplinary proceedings against an employee are set aside on account of violation of procedure and not on merits, .....

Tags : Delhi High Court, Disciplinary Proceedings


Supreme Court: Can BCI’s Disciplinary Panel Members Analyse Documents In Unfamiliar Language?(23.03.2017)

Supreme Court, while setting aside a disciplinary proceedings against a lawyer, has asked ‘how Disciplinary Committee consisting of members, who were .....

Tags : Supreme Court, disciplinary proceedings, Bar Council of India


Supreme Court Accepts Justice Katju's Apology, Disposes Contempt Case(06.01.2017)

Supreme Court has accepted Justice Markandey Katju’s apology for contemptuous remarks in his blog, and has closed contempt proceedings against him.

Tags : Supreme Court, Markandey Katju, contempt proceedings


Delhi HC Adjourns Sine Dine Pleas Challenging Demonetisation Notification(22.12.2016)

Delhi High Court has adjourned indefinitely hearing on pleas challenging Government’s demonetisation move after it was informed that Supreme Court has.....

Tags : Delhi HC, Demonetisation, Supreme Court, proceedings


Karnataka HC Stays Criminal Proceedings against Public Service Commission’s Member(25.10.2016)

Karnataka High Court has stayed criminal proceedings initiated against Mangala Sridhar, who was suspended as member of Karnataka Public Service Commis.....

Tags : Karnataka HC , criminal proceedings, Public Service Commission


Kerala HC: Law Degree Not Compulsory for Reporting Case Proceedings(28.11.2016)

Kerala High Court has said there had not been any stipulation that law graduates alone could cover Court proceedings.

Tags : Kerala HC, Degree, Reporting, Case Proceedings


SC Sets Aside Contempt Proceedings Initiated by Allahabad High Court against Outlook Journalists(08.07.2016)

Supreme Court has set aside the Allahabad High Court's suo motu contempt proceedings against Outlook journalists who had covered the Ghaziabad Provide.....

Tags : Supreme Court, suo motu contempt proceedings, Allahabad High Court


International Cases

Court may terminate an order made by Tribunal only if it considers that order was wrong(08.09.2016)

Claimant is a trainee doctor who, at a hearing held in private before Interim Orders Tribunal ("IOT") of Medical Practitioners' Tribunal Service ("MPT.....

Tags : Criminal Proceedings, Interim suspension, Public confidence


Top Story

Supreme Court allows Live streaming of Court proceedings(26.09.2018)

In a landmark verdict, Supreme Court declared case proceedings of “constitutional importance having an impact on the public at large would be live str.....

Tags : Proceedings, Live-streaming, Public interest


Government suspends IBC qua fresh bankruptcy proceedings amid covid pandemic(05.06.2020)

In an unprecedented move, the Government of India has suspended fresh proceedings under Sections 7, 9 and 10 of the Insolvency and Bankruptcy Code, 20.....

Tags : Fresh proceedings, Suspension, IBC