Author name: BEST CRIMINAL CIVIL LAWYER

Appeal filed before NCLAT challenging NCLT order to admit insolvency plea against Cafe Coffee Day

The NCLAT Chennai bench today reserved orders on the aspect of admission of the insolvency plea as well as on whether the NCLT order should be stayed. An appeal has been filed before the National Company Law Appellate Tribunal (NCLAT) challenging the recent order of the National Company Law Tribunal (NCLT) to admit the insolvency …

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Bombay High Court questions CWC decision to give child up for adoption despite father claiming custody

The bench asked if the father had no rights once the mother abandoned the child. The CWC had rejected the father’s claim citing a case filed against him for having a relationship with the 17-year-old mother of the child. The Bombay High Court Wednesday rebuked a Child Welfare Committee (CWC) for giving up a child …

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Inability of wife to bear child neither impotence nor ground for divorce under Hindu Marriage Act: Patna High Court

The Court held that, inability to bear a child is a natural aspect of married life, and couples can consider adoption or other alternatives for having children. Inability to conceive a child is neither considered impotence nor a valid reason for dissolving the marriage, the Patna High Court recently held. [Sonu Kumar v Rina Devi] The …

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Amazed that Allahabad High Court rejected anticipatory bail but ordered ‘no coercive action’: Supreme Court

“The learned single-judge of the High Court while rejecting an application for anticipatory bail, in the same breath granted them protection for a period of two months,” the Supreme Court observed. The Supreme Court recently expressed surprise over an Allahabad High Court order that had granted interim protection to five accused men while rejecting their …

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Karnataka High Court overturns single-judge order allowing freedom fighters’ pension to 89-year-old widow

The Court found that a circular issued in 2014 by the Central government, which barred the sanction of freedom fighters’ pension after the death of the freedom fighter, was applicable in this case. The Karnataka High Court recently set aside a single-judge order directing State authorities to provide freedom fighters’ pension, along with all the …

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Maternity leave a basic human right; assault on woman’s dignity if denied: Orissa High Court

Maternity leave cannot be compared to or equated with any other leave and it cannot simply be denied on technical grounds, the Court said. The Orissa High Court recently emphasised that maternity leave is a basic human right and that its denial would amount to an assault on the dignity of woman employees [Swornalata Dash v. …

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Section 498A IPC was enacted to punish cruelty by husband but now being misused: Jharkhand High Court

Courts have expressed concern over the misuse of Section 498A of the Indian Penal Code and the increasing tendency to rope in relatives of the husband in matrimonial disputes, noted Justice Sanjay Kumar Dwivedi. The Jharkhand High Court recently observed that while Section 498A (cruelty to woman) of the Indian Penal Code (IPC) was originally …

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Calcutta High Court orders suspension of police officers for disclosing identity of minor rape survivor and wrongfully arresting accused

The Court said the power to arrest is a dangerous one as it encroaches on the most precious right of an individual i.e. personal liberty and police must exercise this power with due care and circumspection. The Calcutta High Court Tuesday ordered the suspension of two police officers for disclosing the identity of a minor …

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SARFAESI Act proceedings not affected by orders passed under SEBI Act: Delhi High Court

The Court said that the SARFAESI Act creates a prioritization and says that the debts of the secured creditor are to be prioritised over any dues to the government or local authority. The Delhi High Court recently held that proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) …

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Kerala High Court grants bail to two senior port officials accused in Tanur boat tragedy case

Both Port officials were arrested and detained in judicial custody for allegedly permitting and facilitating the owner of the boat to operate without complying with legal requirements. The Kerala High Court on Monday granted bail to two senior port officials who were arrested in connection with the Tanur boat accident that claimed the lives of …

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