First, Observing that the tribunals were in a “sad” condition. They could not let go of their functions due to a large number of vacancies. Moreover, The Supreme Court on Monday asked the center to take quick steps to appoint a fresh meeting. The Tribunals are in a sad condition, making an appointment without determining the term of office: SC to the Center. Second, Noting that the center has provided guarantees three times in the past year. Justice L Nageswara Rao, Hemant Gupta, and S Ravindra Bhat said that the appointment was not made. The number of vacancies increased in various courts in particular and “sad situation”. Attorney General KK Venugopal told the bench that the delay. The delay was due to the contrast between the previous court ruling. The ordinance brought by the center. It had ordered the issue of tenure of the members of the tribunal. The SC said that the tenure must be five years old but it was four years. He said that regulation’s delayed in SC. The Bench said that there was no point in holding an appointment in this regard. It asked the government to appoint members without determining their term of office. The court said that the appointment would be subject to the final results of the case of the term of office. Attorney general to take instructions on the steps taken for the Company Law tribunal It also asked the Attorney general to take instructions on the steps taken for the Company […]
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The absence of medical resources forced Covid patients to fight for themselves: Delhi HC The court made observations while declaring the decision of the centre “unconstitutional”. The decision taken by centre to impose IGST in oxygen concentrators is declared void. The concentrators are imported by individuals for their personal use. Absence of medical resources The absence of medical resources forced Covid-19 patients to fight themselves. The situation made them look for oxygen concentrators as an alternative to medical oxygen. And even get devices from abroad amid short supplies, the Delhi High Court said. The court conducts observations while declaring a decision made by Centre void. The decision to include IGST in oxygen concentrators imported by individuals stopped. Imposition of IGST on the import of oxygen concentrators The decision came after the request by the 85-year-old Gurcharan Singh. He suffered from Covid-19. He challenged the imposition of IGST on the import of oxygen concentrators. It was a gift for personal use. He said his nephew sent an oxygen concentrator for him as a gift from the US to improve his condition. Judge Rajiv Shakdher and Talwant Singh took Judicial notice. They took note of fact that LMO in a short supply was not only in Delhi but in all parts of the country. It had caused people to scramble for oxygen cylinders, oxygen concentrators. where people have suffered Severe infection. People with Coronavirus to fend for themselves “The absence of medical resources forces people with Coronavirus to fend for themselves. and […]
The Supreme Court called for details about the welfare of migrant children The Supreme Court on Tuesday ordered the state government. In fact, They ordered to provide information about migrant children in respective regions. It must also report on steps taken for their well-being amid a surge in a pandemic, and the benefits given to them. A bench of Chief Justice Sharad A. Bobde, and Judge A.S. Bopanna, and V. Ramasubramanian. Moreover, They directed the states to submit their response. Child rights trust The order comes in the petition proposed by the child rights trust. Firstly, Senior Advocate Jayna Kothari represents this case. He pleaded to protect children during a pandemic. The plea stated that because of the severity of the Covid-19 crisis. The center had announced the lockdown during this period. Meanwhile, The most affected migrant children and had become the most vulnerable. Camps and Quarantine centers “Even though there have been efforts marked by respondents. To provide migrant measures with all in all welfare measures. There are no reports from the central government or state. Also to the relief, steps expand to women and children. Who are stranded or in camps and quarantine centers in the source district. “said the plea. Mainly, It argues that lockdown has resulted in extraordinary difficulties for migrant children. There has been no assessment of the exact number of migrant children, infants, and pregnant or breastfeeding migrant women on their needs. “Firstly, Migrant children and migratory children remain invisible and are the most […]
“Our prima facie is holding that NGT cannot strike laws”, observe the Supreme Court The Supreme Court on Tuesday observed that the National Green Tribunal (NGT) could not decide and strike legal validity. The bench consisting of the chief justice of India Sa Bobde, and the judge as Bopanna and V. Ramasubramanian. They heard the request to appeal against the Karnataka High Court order. It plea challenging section 40 of the Biodiversity act. The plea was transferred by the High Court to NGT, Chennai. Strike legal validity SLP in instant cases challenges the order of transfers of requests to NGT. In today’s hearing, CJI observed, “Prima facie believes that the National Green Court cannot strike down a law”. Senior advocate Nikhil Nayyar appeared on behalf of the Petitioner’s environment support group. Also, He told the court that the problem had been clarified in the Sterlite case in strike legal validity. Senior advocate Aditya Sondhi, however, proposed that in the case of L. Chandrakumar, the appeal is present. By the way, For this, CJI replied that it was not a question that was in front of the court. Therefore, the court continued to direct the interim stay on NGT orders of strike legal validity. Finally, The problem will go further to the next step. Popular Legal News
Enforcement Directorate(ED) under the prevention of money laundering Act(PMLA) National Company Law Appellate Tribunal (NCLAT) has confirmed that the rules and actions under the IBC. It will accommodate laws and other actions such as property. The attachments were made by the Enforcement Directorate(ED) under the prevention of money laundering Act (PMLA). Hearing the appeal transferred by ED to the Mumbai bench of NCLT. NCLAT holds that even if the probe institution has attached the property under PMLA. It must empty his claim for the asset the insolvency process begins with the same company. PMLA which comes from the company’s debtor “In our view, there is no conflict between PMLA and IBC. Even if a property has been attached in PMLA which comes from the company’s debtor. If the CIRP starts, the property must be available to meet the IBC object to resolution. Sale of liquidation assets occurs”. Two judge benches led by Justice A I S Cheema said in her judgment. In February 2019, the Mumbai bench of NCLT has requested a resolution professional. They requested from Sterling Sez Infrastructure Limited and Sterling International Enterprises. They ordered to take over the company’s property and handle them. ED challenged the order of NCLT According to the IBC rules, ED has attached assets from the two companies in May 2018. ED challenged the order of NCLT. It claims assets in attachment are under the right provisions of the PMLA. The IBC moratorium rule will not apply in “application in the criminal proceedings”. […]
