Friday, 2 November 2018

Updates from Judiciary - 02 November 2018

Supreme Court has held that if there has been no consideration at all of defence taken by accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated.
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NCLAT has held that Under clause (8) of Section 5, any indemnity obligation in respect of a guarantee also come within the meaning of ‘Financial Debt’.
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Supreme Court has directed Central Government to provide more details of the Rafale deal, including pricing and cost.
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NCLAT has held that the suspended Board of Directors cannot decide the viability and feasibility of a ‘Resolution Plan’ nor is competent to restructure their debt in order to make the ‘Corporate Debtor’ as a going concern. It only in the domain of the ‘Committee of Creditors’ who are expert in the field to decide the viability, feasibility and financial matrix of one or other ‘Resolution Plan’ by majority share of voting rights.
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Supreme Court has directed Amrapali to disclose the names of all the companies they owned and had been dealing with by November 12.
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Delhi High Court has sentenced 16 Provincial Armed Constabulary (PAC) officials to life imprisonment in Hashimpura mass murders case and observed that this was a targetted killing by the armed forces.
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Supreme Court has quashed a Gujarat High Court judgment that had ordered lie detector, brain mapping and narco-analysis tests on the accused and grandmother, parents of the victim, in a bail application filed by the accused.
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Supreme Court, while examining legality of allotment of 4 kanals of property to J.S. Luthra Academy for running the school, has observed that public property cannot be allotted to profit-oriented institutions for free.
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Supreme Court has ordered the Central Pollution Control Board (CPCB) to immediately create a social media website or account where people could complain about air pollution.
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Delhi High Court has ordered CBI to maintain status quo till November 1 on proceedings against its Special Director Rakesh Asthana after CBI failed to file a response clarifying its stand on an FIR filed against the officer.
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Delhi High Court has sought to know the stand of the Delhi government and the Delhi Urban Shelter Improvement Board for allegedly alloting a night shelter to AAP MLA Asim Ahmad Khan to run his office from same.
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Kerala High Court has observed that divorce by mutual consent is a secular concept and there can be no discrimination on the ground of religion against persons who want divorce by mutual consent.