Mr. S. Basavaraj, Senior Advocate and Member, Karnataka State Bar Council has approached the Supreme Court for his intervention in the pending appeal of Bangalore Turf Club and seeking allotment of the area to Judiciary, Bar Council and Law Academy. Mr. Ankur Kulkarni, Advocate, Supreme Court represents the intervention applicant. The appeal of Bangalore Turf …
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Polygamy among Muslims. Though lawful, causes cruelty to first wife justifying her claim for divorce. Karnataka High Court
The Karnataka High Court (Justice Krishna Dixit and Justice P. Krishna Bhat) holds that though contracting a second marriage by a Muslim may be lawful, but is more often than not, causes enormous cruelty to the first wife justifying her claim for divorce . “There is no dispute that Section 2 of the Dissolution of …
Cheating and Forgery. Matter pending in civil court on the same issue. Criminal proceedings cannot continue. (See SCC judgment).
Indian Penal Code. Cheating and Forgery. When the issue regarding genuineness of the document is pending consideration before the civil court, Criminal proceedings cannot continue on the same issue. It would prejudice the interest of the parties understand or taken by them in the civil suit. Criminal proceedings quashed. Rajeshbhai Muljibhai Patel and others vs …
Insolvency and Bankruptcy Code, 2016. Once an insolvency professional is appointed to manage company, erstwhile directors cannot litigate on behalf of the company.
Insolvency and Bankruptcy Code, 2016. Once an insolvency professional is appointed to manage company, erstwhile directors cannot litigate on behalf of the company. also see Party violating the interim order. Court may refuse to hear him on merits of the case. Karnataka High Court 4:9:2020. M/s Alpine Wineries Pvt Ltd vs M/s. Pridhvi Asset Reconstruction. …
Difference between Islamic flag and Pakistani flag.
Recently I saw a video where a Police Officer was seen removing a flag on car bonnet and replacing it with national flag. The flag “resembles” Islamic flag. There was large scale presence of flags during Rahul Gandhi campaign in Kerala and the brouhaha followed thereafter also requires to be explained. Please note, Islamic flag …
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Bar Council to examine – Can a lawyer convicted and sentenced for Contempt of Court continue to practice?
Bar Council of India takes note of the Supreme Court Judgment in Mahipal Singh Rana v. State of U.P., (2016) 8 SCC 335 which held that Section 24A of the Advocates Act, 1961 which debars a convicted person from being enrolled applies to an advocate on the rolls of the Bar Council for a period of two …
Can a lawyer convicted and sentenced for Contempt of Court continue to practice? Supreme Court says No.
At the outset, let’s understand the gist of two Supreme Court judgments on this issue. (1) Mahipal Singh Rana v. State of U.P., (2016) 8 SCC 335. Held: Section 24A of the Advocates Act, 1961 which debars a convicted person from being enrolled applies to an advocate on the rolls of the Bar Council for …
Mr. Prashanth Bhushan Contempt Case – Appeal to Junior Lawyers and Law Students .
Recent controversy relating to conviction of Sri Prashanth Bhushan, Advocate (herein after referred to as the contemnor) for contempt of court has given opportunity to some interested persons to create erroneous impression in the minds of the public and more importantly among law students and Junior Lawyers about the judiciary in the country and in …
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Insolvency and Bankruptcy Code, 2016. Payment received for shares, duly issued to a third party at the request of the payee, is not a financial debt. Application under Section 7 of the IBC is NOT maintainable. Supreme Court 7:8:2020. — Daksha Legal
M/s. Radha Exports (India) Pvt Ltd vs K.P. Jayaram and another, Civil Appeal 7474 /2019. Decided on 28 August 2020. Justice Arun Mishra & Justice Indira Banerjee. Judgment link: https://main.sci.gov.in/supremecourt/2019/33481/33481_2019_32_1502_23699_Judgement_28-Aug-2020.pdf Held: Para 43. The definition of ‘financial debt’ in Section 5(8) makes it clear that ‘financial debt’ means a debt along with interest, if any, …
Insolvency and Bankruptcy Code, 2016. Payment received for shares, duly issued to a third party at the request of the payee, is not a financial debt. Application under Section 7 of the IBC is NOT maintainable. Supreme Court 7:8:2020.
M/s. Radha Exports (India) Pvt Ltd vs K.P. Jayaram and another, Civil Appeal 7474 /2019. Decided on 28 August 2020. Justice Arun Mishra & Justice Indira Banerjee. Judgment link: https://main.sci.gov.in/supremecourt/2019/33481/33481_2019_32_1502_23699_Judgement_28-Aug-2020.pdf Held: Para 43. The definition of ‘financial debt’ in Section 5(8) makes it clear that ‘financial debt’ means a debt along with interest, if any, …
Daksha Legal 