Corporate Winding up of company – while exercising its powers under sections 433 and 434 of the Companies Act would not be in a position to decide, as to who was at fault in not complying with the terms and conditions of the deed of settlement and the compromise deed. April 10, 2021 sclaw
Service Compassionate Employment Cannot Be Granted After A Lapse Of Reasonable Period April 10, 2021 sclaw
Constitution Jurisdiction of the High Court to examine the correctness, legality and propriety of determination of any dispute by the Tribunal is reserved with the High Court – Nomenclature of the proceedings as a petition under Article 226 or a petition under Article 227 is wholly inconsequential and immaterial. April 10, 2021 sclaw
Bail Declined Medical prescription, of Ayurvedic doctor and the remedies prescribed belie claim that there was no serious ailment – Serious allegations in the FIR in regard to the harassment suffered by the deceased -High Court not justified in granting bail – Appeal allowed. April 10, 2021April 10, 2021 sclaw
Narcotics Recovery of huge quantity (3332 kgs.) of ‘Ganja’ (cannabis) carried on truck – Appellant was helper of truck – He was only 22/23 years of age at the time of incident and first time offender – Nothing was recovered from his custody – appropriate to reduce the sentence of imprisonment to the period already undergone, April 10, 2021 sclaw
Bail Declined Seriousness Of Charge Relevant Factor : Supreme Court Sets Aside Bail Granted To Man Accused Of Murdering Lady Doctor April 4, 2021 sclaw
Bail Granted Senior counsel for the petitioner referred WhatsApp chat between the petitioner and prosecutrix of December 2020 which has been brought on the record from page 47 to page 54 of the paper book – Petitioner has made out a prima facie case for grant of anticipatory bail April 4, 2021 sclaw
I B C Insolvency Process – Payment of debt – Proceedings under Section 7 of the Code can be initiated against a corporate person in respect of guarantee to the loan amount secured by person not being a corporate person, in case of default in payment of such a debt. March 29, 2021 sclaw
I B C Insolvency Process – Reference to arbitration – Where the petition under Section 7 of IB Code is yet to be admitted and, in such proceedings, if an application under Section 8 of the Act, 1996 is filed, the Adjudicating Authority is duty bound to first decide the application under Section 7 of the IB Code March 29, 2021 sclaw
I P C Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses – It is clear that the assault was intentional which resulted in the death of the deceased and all accused had a common object, as such the High Court has rightly convicted the accused for offence punishable under Section 302/149, IPC etc. March 29, 2021 sclaw
