Application under S. 9 by an employee against employer company is admissible when there is non-payment of salary by the employer/corporate debtor. It was clear that there is an acknowledgement of liability, which therefore shows that there is no “dispute” as to amounts owed to the appellant. Held, NCLT was correct in admitting the S […]
Insolvency and Bankruptcy Code, 2016 — S. 9 r/w S. 238-A Read More »
In this case, victim immolating herself in her matrimonial home leading to her death in hospital. Concurrent findings of facts recorded by both courts below on harassment and/or torture and/or cruelty by appellant mother-in-law of victim with regard to jewels, on appreciation of evidence, stand established. Therefore, appellant, held, rightly convicted under S. 498-A. The
Penal Code, 1860 — S. 498-A Read More »
Principal borrower is not required to be “corporate person” as in the present case, proprietorship concern, for the lender to initiate such proceedings against guarantor who is a corporate person. A right or cause of action enures to the lender (financial creditor) to proceed against the principal borrower, as well as the guarantor in equal
Causing injury(ies) to vital part of body which injury(ies) were the actual cause of death: In this case, death occurred six days after the injury(ies) were inflicted. It was held that such case, held, would still fall under S. 302, as such injury(ies) inflicted on vital part of body were the actual cause of the death.
Penal Code, 1860 — Ss. 302 and 302/34 or S. 326 [S. 300 Thirdly] Read More »
Appellant (KIAL) preferred a writ petition before the High Court of Judicature at Bombay soon after pronouncement of judgment by NCLT, which was withdrawn with the liberty to file an appeal. Thereafter, an appeal was filed before the National Company Law Appellate Tribunal beyond 45 days (including 15 days of extension) under Section 61 of IBC,
Insolvency and Bankruptcy Code, 2016-S.61- Limitation Act –S14- Applicability- Read More »
The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the task assigned to him, i.e., to offer prayers and manage the land. He cannot be thus treated as a Bhumiswami. Priest cannot be treated to be either a Muafidar
Rejection of claim as policy stood lapsed on account of non-payment of premium, on date on which insured event took place, held, proper and justified. Further held, subsequent renewal cannot be relied on to base a claim for period during which the policy stood discontinue / lapsed, where the same is obtained by suppression of
Rights of differently-abled persons during air travel: Objections/suggestions pertaining to Draft of revised guidelines dt. 2-7-2021 regarding “Carriage by Air of Persons with Disability and/or Persons with Reduced Mobility” put in public domain in the year 2021, directed to be submitted within stipulated time. Further, suggestions that (i) No differently-abled person should be manually lifted without
In this case, It was a rash and negligent act as there was no allegation against appellant-accused that at the time of accident, he was under influence of liquor or any other substance impairing his driving skills and driving in inebriated condition warranting stricter and harsher punishment. Hence, conviction of appellant under Ss. 279 and
Held, deprivation of personal liberty without ensuring speedy trial is not consistent with Art 21 of the Constitution. Once it si obvious that timely trial would not be possible and accused has suffered incarceration for significant period of time, courts wouls ordinarilily be obligated to enlarge him on bail.(Paras 10-12) [Ashim v. National Investigation Agency, (2022)
Constitution of India ——Art. “Personal Liberty”and imperativeness of speedy trial: Read More »
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