Benzy Varghese

Registrar Has Been Granted Powers of Enquiry and Inspection, Not of Investigation: National Company Law Appellate Tribunal

Excerpt The appeal was filed against the Order dated January 05, 2021, passed by the National Company Law Tribunal, Hyderabad Bench, Hyderabad in IA No.989 of 2020.  Facts The National Company Law Tribunal, Hyderabad Bench in IA No.989 of 2020 in Company...

The Fiduciary Relationship Should Protect the Beneficiary and Not Promote Self-Interest: Central Information Commission

Excerpt The appellant filed a Right to Information application seeking certain clarifications and a certified copy of Demi Official (D.O.) letters dated 03.10.2014 & 16.03.2017. Dissatisfied with the reply received from the Public Information Officer, the appellant filed a first...

Principle of Efficacious Remedy Does Not Preclude Petitioner From Seeking Protection of His Constitutional Rights: Jammu & Kashmir High Court

The petitioner challenged the procedure initiated against him by the respondent authority concerning the provisions laid down by the Black Money (Undisclosed Foreign Income and Assets) and Imposition Act, 2015. Facts The petitioner’s son Mujeeb Mir was a trustee of the...

Benefits of Regularization of Service Is a Right Akin To Fundamental Right Guaranteed to the Workman: Himachal Pradesh High Court

Excerpt A petition was filed to grant the relief that the respondents be ordered to grant the work charge status to the applicants from the date they had completed eight years of services with all benefits incidental thereof.  Facts Petitioner no. 1...

Writ Petition Filed Before SC for Appointment of Ad Hoc Judges Under Article 224a of the Indian Constitution

EXCERPT The writ petition was filed to activate Article 224A of the Indian Constitution for the appointment of ad hoc Judges to deal with the unprecedented situation arising due to backlog pending cases in the High Courts. FACTS Article 224 of the...

Financial Institutions To Act on Instructions of Interim Resolution Professional: Supreme Court

EXCERPT The appeal was filed against the order passed by the Guwahati High Court where an interlocutory application was allowed whereby the respondent could operate its bank account maintained with the ICICI Bank in Bhubaneshwar and unfreeze the bank account...

Consideration of Premature Release of Convict Must Be In Reasonable and Fair Manner: Allahabad High Court

Excerpt The petitioner was in custody since 18.3.1998 charged under Sections 302/34/504/506 of the Indian Penal Code, 1860. He was put on the trial, and during the trial, he was bailed out on 9.7.2003 and released on 26.7.2003. Further, he...

Delhi High Court Permits Fifty Persons To Perform Namaz at Nizamuddin Markaz During the Month of Ramzan

Excerpt This petition was filed seeking directions from the Respondents to reconsider the necessity to keep the Waqf premises i.e. Basti Hazrat Nizamuddin between Dargah Hazrat Nizamuddin and Police Station Hazrat Nizamuddin under locks and to direct the Respondents to...

Court Has To Examine Scrupulously Whether the Dying Declaration Is Voluntary and Made in a Conscious State Of Mind: Allahabad High Court

Excerpt The present case was filed against the judgement passed by Additional Sessions Judge, whereby the appellants had convicted under section 302 read with section 34 of the Indian Penal Code and sentenced to life imprisonment and a fine of...

Strong Suspicion and Ground for Presumption Can Be Raised Only on the Legally Admissible Evidence: Delhi District Court

Excerpt The present case was filed under Section 397 of the Code of Criminal Procedure against the order passed by the court in the case State v. Silak Ram @ Dhillu & Ors where the petitioner was charged against offences...

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