ColumnsFive Months Without Regular Heads For NCLAT & NCLT Ragini Agarwal12 Aug 2020 10:28 PMShare This – xOn August 14, 2020, National Company Law Appellate Tribunal (“NCLAT”) is completing five months since its former Chairman Justice Sudhanshu Jyoti Mukhopadhaya retired at 70 years of age, in accordance with §413, Companies Act 2013. The Centre appointed Justice (Retd.) Bansi Lal Bhat, Member (Judicial) as officiating Chairperson with effect from March 15, 2020. This appointment…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn August 14, 2020, National Company Law Appellate Tribunal (“NCLAT”) is completing five months since its former Chairman Justice Sudhanshu Jyoti Mukhopadhaya retired at 70 years of age, in accordance with §413, Companies Act 2013. The Centre appointed Justice (Retd.) Bansi Lal Bhat, Member (Judicial) as officiating Chairperson with effect from March 15, 2020. This appointment was supposed to last for a period of three months or until further orders or until a regular Chairperson was appointed, whichever came earlier. However, on June 15, 2020 this appointment was further extended on similar conditions as the previous notification. This appointment is under challenge through a Writ Petition Fozia Rahman v. Union of India [W.P.(C) 3536/2020] before the Delhi High Court for not complying with §415 of the Companies Act, 2013 read with Rule 10(1) of the Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (“Tribunal Rules, 2020”). The ground for the petition is that the Centre did not appoint the “senior-most member” as the Acting or Officiating Chairperson. The Petition read: “Whereas Justice (Retd.) Shri Bansi Lal Bhat was appointed as Judicial Member on 17.10.2017, Hon’ble Mr. Balvinder Singh, Member (Technical) was appointed on 01.07.2016 and Hon’ble Mr. Justice A.I.S. Cheema, Member (Judicial) was appointed on 11.09.2017 and are both members holding greater seniority.” The Delhi High Court has issued notices [Read here, here and here] in the matter and having given time to the Respondents to file Reply, the next date of hearing is scheduled for August 28, 2020. The easiest way to end this uncomfortable litigation is to appoint a full time Chairperson. The requirement of immediate filling the post not being fulfilled, even after initiation of such a level of litigation, suggests that the Central Government is still looking for a suitable candidate who is retiring from the Supreme Court or from some High Courts. The Tribunal Rules, 2020 were notified in pursuance of §184 of Finance Act, 2017. The NCLAT constituted under Chapter XXVII, §410 of the Companies Act, 2013 has wide powers. It is eligible to hear appeals in matters under the Companies Act, 2013 from the National Company Law Tribunal (“NCLT”) (§421); under Insolvency and Bankruptcy Code, 2016 from the NCLT (§61) and the Insolvency and Bankruptcy Board of India (§202 and §211). Since the amendment through Finance Act, 2017, it has also acted as the appellate authority to hear appeals from Competition Commission of India under §53A of the Competition Act, 2002, having replaced Competition Appellate Tribunal. In Roger Mathew v. South India Bank Ltd. (2019) the Supreme Court had noted that the judicial appointments must be free from the influence of the executive so that the constitutional spirit of independence of the judiciary could be maintained (¶157). Accordingly, the Tribunal Rules, 2020 took into account these factors and prescribed in Rules 3 and 4 that the eligibility conditions and the method of appointment of the Chairperson of Tribunals respectively, would be in the manner provided in the Schedule. Entry 13 in the Schedule provides that for the NCLAT: “The Chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court.” “Search-Cum-Selection Committee for the post of Chairperson Judicial Member and Technical Member [comprises] – (i) Chief Justice of India or any Judge of the Supreme Court nominated by him -chairperson; (ii) (a) in case of appointment of Chairperson, the Outgoing Chairperson of the National Company Law Appellate Tribunal – member.” It may be noted that in the past 3 years (since 2017), 16 judges of the Supreme Court have retired. Similarly, a number of Chief Justices of the High Courts are also available for appointment as Chairperson. Surprisingly, however, for the post-retirement appointment of Chairperson of NCLAT, no information about a Search-cum-Selection Committee or a shortlist of candidates has been circulated in the public domain. Incidentally, the NCLT has also been suffering a similar fate with Acting President’s term being continually extended. Since a lot of controversy exists as to the ‘post retirement appointment’ of Judges, highlighted by none than the late Law Minister and Senior Advocate Arun Jaitley, there needs to be a transparent method of appointment. A fair procedure for selection of the candidates and appointment is necessary to dispel the popular allegation that such appointments are given away by the political executive to their preferred personalities. Since NCLT and NCLAT discharge a large amount of judicial functions, and the appeals from NCLAT lie to the Supreme Court directly, independence of the judiciary can be secured only if the selected candidates have impeccable integrity, with a history of discharging judicial functions without any fear or favour.Views are personal only. Next Story
Physical Court Hearings To Resume Soon With Virtual Courts In Hybrid Manner: Chief Justice Of India Assures
Top StoriesPhysical Court Hearings To Resume Soon With Virtual Courts In Hybrid Manner: Chief Justice Of India Assures Srishti Ojha1 Feb 2021 3:22 AMShare This – xThe Chief Justice of India SA Bobde has assured that the physical court hearings will resume in a hybrid manner with virtual courts at the earliest, after considering the medical advice and clearing the existing impediments with relation to health of the Stake holders, Technology Infrastructures and availability of Registry staff. CJI said this in a meeting called by him on…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Chief Justice of India SA Bobde has assured that the physical court hearings will resume in a hybrid manner with virtual courts at the earliest, after considering the medical advice and clearing the existing impediments with relation to health of the Stake holders, Technology Infrastructures and availability of Registry staff. CJI said this in a meeting called by him on Monday, which was attended by the Solicitor General, the Chairman Bar Council of India, officer bearers of Supreme Court Bar Association and Supreme Court Advocates on Record Association, and Senior Advocate Vikas Singh. The resumption of physical hearings in a hybrid manner will be based on normal listing of cases and not based on consent of the Advocates On Record or Advocates. The Court has also decided to permit the physical access to the Registry to the Advocates On Record and their assignees or nominees from 8th February 2021. This decision has been taken pursuant to a Representation being made by SCAORA seeking the same on January 31st 2021. Apart from the resumption of physical hearings, it has been decided that the timing of the chambers will be extended and relaxed and the mentioning of Cases will also be allowed soon based on categories of urgencies in a phased manner. The Supreme Court Advocates On Record Association had on Sunday written to the Chief Justice of India seeking resumption of physical hearings with the existing virtual Courts in a hybrid manner. The Association through its Representation also requested for access to the Registry being granted to the Advocates and AORs,for following up urgent matters related to registry issues including mentioning, urgent listing of matters, inconsistencies in refilling etc. Previously, the Executive Committee of Supreme Court Bar Association and Supreme Court Advocates On Record Association had also submitted a joint representation seeking resumption of physical hearings.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
wingedwolf/iStock(MCALLEN, Texas) — U.S. Customs and Border Protection has stopped taking in undocumented migrants at a border processing center in McAllen, Texas, after 32 people being held there tested positive for the flu.The center is one of the busiest spots along the Mexico border and a short drive to a Border Patrol station where a 16-year-old boy died earlier this week.CBP hasn’t said how many people have grown ill or where new migrants arriving at that part of the border will be sent. The agency said medical staff were on hand to treat people who were ill. “To avoid the spread of illness, the Rio Grande Valley Sector has temporarily suspended intake operations” at the Central Processing Center in McAllen, the agency said in a statement. “Individuals apprehended in RGV Sector will be held at other locations until this situation is resolved,” the agency added. An earlier proposal to fly migrants to U.S. border stations in coastal or northern states, including Florida, in a bid to lessen the burden at sites like McAllen was scrapped last week after the White House intervened and President Donald Trump declared via Twitter that no more undocumented migrants would be allowed past the southern border. The law requires that border authorities process migrants seeking asylum, and a federal judge has limited detention for children.The latest death of a child in custody was a teen who appears to have been traveling without his parents. CBP said he had been waiting at a U.S. Border Patrol station outside of McAllen, Texas, to get picked up by the Department of Health and Human Services when he was found unresponsive on Monday. He had been in government custody for a week waiting to be transferred to HHS, which overseas care for “unaccompanied” migrant minors. He was the third migrant minor to have spent time in U.S. custody in the past month, and the fifth child to die in six months.Acting Homeland Secretary Kevin McAleenan was scheduled to testify on Capitol Hill on Wednesday. Democrats, who identified the teen as Carlos Gregorio Hernandez Vasquez, have already called for an investigation.Copyright © 2019, ABC Radio. All rights reserved.
Written by FacebookTwitterLinkedInEmailPROVO, Utah-Thursday, the Men Against Breast Cancer Cougar Cup series ensues as the BYU men’s basketball team hosts Oral Roberts of the Summit League.The Cougars improved to 2-1 Tuesday with an 82-57 win over Northwestern State as star junior forward Yoeli Childs amassed 18 points and 15 rebounds in the win.That represented Childs’ 23rd career double-double, the 13th most in program history.The Cougars are 5-0 all-time against the Golden Eagles out of Tulsa, Okla., entering Thursday’s game.Oral Roberts is led by junior forward Emmanuel Nzekwesi who is averaging 17.3 points per game and is shooting 47.5 percent from the field thus far on the season.Junior guard Sam Kearns is the Golden Eagles’ second leading scorer as he is averaging 10.3 points a game on the season.Oral Roberts is coached by second-year head coach Paul Mills who is currently 12-24 (.333) at the helm of the Golden Eagles’ program. November 14, 2018 /Sports News – Local BYU Men’s Basketball Hosts Oral Roberts Thursday Tags: BYU Men’s Basketball/Emmanuel Nzekwesi/Northwestern State/Oral Roberts Golden Eagles/Paul Mills/Sam Kearns Brad James
View post tag: Naval View post tag: Underwood View post tag: ON View post tag: News by topic USS Underwood (FFG 36) departed on its final deployment in support of Southern Seas 2012, April 23.The deployment will begin by participating in Composite Training Unit Exercise (COMTUEX) with the Eisenhower Strike Group as part of their pre-deployment training. The ship and crew will then deploy to the U.S. Southern Command (USSOUTHCOM) area of responsibility (AOR) May 2 to conduct Southern Seas 2012. Southern Seas will include the multinational exercises UNITAS Pacific (UNITAS PAC), Silent Forces Exercise (SIFOREX) and UNITAS Atlantic (UNITAS LANT).“Underwood completed our final basic phase training back in February and we’ve been working for well over a year in preparation for Southern Seas 2012. As we head out the door we’ll finish our integrated phase training with Eisenhower Strike Group COMTUEX, which will be our certifying event allowing us to move out on deployment to Fourth Fleet,” Cmdr. Peter T. Mirisola, commanding officer, USS Underwood (FFG 36) said.Underwood will also support Operation Martillo, a joint, interagency and multi-national collaborative mission among Western Hemisphere and European nations to deny Transnational Criminal Organizations (TCOs) air and maritime access to the littoral regions of the Central American isthmus. Operation Martillo targets narcotics, precursor chemicals, bulk cash, weapons and humans being transported via maritime and air domains.Southern Seas is an annual collaborative deployment to conduct a variety of exercises, missions and multinational subject matter expert exchanges. The focus is on enhancing interoperability, increase regional stability, and building and maintaining regional relationships with countries throughout the hemisphere through joint, multinational and interagency exchanges and cooperation.“It is going to be quite a privilege and an honor to go down there. I know the crew’s excited. We’re going to have a lot of great visits. We’re looking forward to the multi-national engagement with our Central and South American and Caribbean nation hosts,” Mirisola said.Formally known as the Partnership of the Americas, Southern Seas gives a distinct name to one of the United States’ marquee deployments. This is the seventh such deployment and falls under U.S. Naval Forces Southern Command and U.S. 4th Fleet (COMUSNAVSO/C4F) Partnership of the Americas initiative.“There’s no better way for Underwood to deploy than to support Southern Seas and UNITAS. This is the United States’ longest standing annual exercise and the crown jewel of naval exercises for the U.S. Navy. There’s no better way to end the ship’s service life than to finish with UNITAS deployment,” said Mirisola.Underwood will return to Mayport in November 2012 and be decommissioned in March 2013. The Oliver Hazard Perry-class frigate was commissioned January 29, 1983 and conducted her maiden deployment in 1985. Underwood participated in numerous counter-narcotics operations in the Caribbean Sea in her 29 years of service to the fleet.After the devastating earthquake in Haiti, Underwood and her crew deployed immediately to the island and provided critical medical assistance in support of Operation Unified Response.U.S. Naval Forces Southern Command and U.S. 4th Fleet (COMUSNAVSO/C4F) supports U.S. Southern Command joint and combined full-spectrum military operations by providing principally sea-based, forward presence to ensure freedom of maneuver in the maritime domain, to foster and sustain cooperative relationships with international partners and to fully exploit the sea as maneuver space in order to enhance regional security and promote peace, stability, and prosperity in the Caribbean, Central and South American regions.[mappress]Naval Today Staff , April 25, 2012; Image: navy View post tag: Departs View post tag: USS View post tag: Final April 25, 2012 Training & Education Share this article Back to overview,Home naval-today USS Underwood Departs on Final Deployment USS Underwood Departs on Final Deployment View post tag: Navy View post tag: Deployment
Todays “READERS POLL” question is: Do you feel that City Council Finance Chairman Dan McGinn needs to sit the record straight concerning the true financial status of the City?We urge you to take time and click the section we have reserved for the daily recaps of the activities of our local Law Enforcement professionals. This section is located on the upper right side of our publication.If you would like to advertise or submit and article in the CCO please contact us City-County [email protected] FacebookTwitterCopy LinkEmail IS IT TRUE that today we shall examine the claim of “explosive growth” comment made by Mayor Winnecke in last weeks State of the City address ? …we believe after reading the information posted below you will agree that the City of Evansville is indeed experiencing “explosive growth” in the deficient spending area?IS IT TRUE that an analysis of the General Fund of the City of Evansville as of December 31, 2016 has some interesting conclusions?…according to the Annual Financial Statement as published by the Winnecke Administration the beginning General Fund balance of the City of Evansville, on January 1, 2017, had a balance had $1.1 million dollars?…It must be noted that Mayor Winnecke got an advance payment of $12.5 million dollars from the Riverboat money account and deposited it into the City’s General Fund account?IS IT TRUE If the $12.5 million dollars advancement were properly re-deposited back into the Riverboat accounts, the General Fund would be NEGATIVE by $11.4 million dollars?IS IT TRUE when the gambling issue was voted on and approved by the voters of Evansville they were told that the Riverboat money will not be used for employee Healthcare Insurance payments or city employees salaries? …they were told that the money from the Riverboat Fund would be used to help to fund capital equipment requests of city departments?IS IT TRUE the Winnecke Administration went even further to the manipulation of the General Fund when they went to the City of Evansville Water and Sewer Utility Department and asked for and received an advancement of funds due to City in 2017 in the amount of $3.4 million dollars?…considering this additional $3.4 million the City of Evansville General Fund would have a $14.5 million shortage?IS IT TRUE It gets better because the Winnecke Administration also failed to properly fund the City Employee Hospitalization fund ($7.5 million dollars) for past due medical bills? …if the amount of $7.5 million dollars were property transferred from the General Fund to the Hospitalization Fund the General Fund would be negative by an additional amount of $7.5 million for a grand total of $22 million dollars negative in the City budget?IS IT TRUE its alleged that the Winnecke Administration had additional unpaid City Employee Healthcare bills as of January 1, 2017 in the amount of $8.1 million dollars associated with the General Fund accounts? … if the City had properly paid those unpaid invoices, the General Fund would be negative by an additional $7.1 million or a total of $30.1 million dollars?IS IT TRUE its been alleged by creditable sources that over 150 city employees were sued by healthcare providers because the city didn’t pay their medical bills in a timely manner?IS IT TRUE if you consider the invoices not paid at the beginning of this year which were around $7.1 million dollars consequently it should be no surprise that #strongcity is also a #brokecity and is truly a city in financial distress?…the downtown only people however continue to blind themselves into the delusion of “explosive economic growth”? IS IT TRUE we wonder how the City of Evansville will find the additional tax money to repay the advancements they gave themselves to pay for past unpaid bills? …we can’t wait to hear how City Council Finance Chairman Dan McGinn will answer this question? IS IT TRUE that Evansville was out under a flood advisory on Sunday due to the expectation of a deluge of rain in the forecast?…that we have all come to know what it means for the south and southeast sides of Evansville when it rains more than one inch an hour?…that is the condition for having raw sewage back up in the streets in that part of town followed by stink and mosquitos for a while afterward?…now that is one place where Evansville does seem to have “explosive growth”?…there has been an explosion of disease and filth because the powers that be over the last 50 years have failed to satisfy the requirement of the EPA to make the now Billion Dollars of improvements to prevent spreading raw sewage when it rains over an inch an hour?…there are those in the Tri-State who use the word “hockey” as a polite substitute for raw sewage?…we assume that former Mayor Weinzapfel and his Ford Center minions must have thought a “hockey rink” was similar to a retention basin and that Ford Center would help with the sewer discharge problem?
Families of third-year undergraduates flocked to campus Friday and Saturday (March 2-3) for the College’s Junior Parents Weekend. The annual program, which features tours, lectures, student performances, and advice on life after Harvard, drew nearly 600 students and more than 1,500 of their guests to Cambridge this year.After a morning filled with open houses at the Office of Career Services (OCS), the Harvard Art Museums, the Harvard Women’s Center, and other campus hubs, parents packed Sanders Theatre on Friday afternoon for a welcome address from University President Drew Faust. Faust shared her hope that every member of the junior class had experienced moments of affirmation and accomplishment during his or her time at Harvard “perhaps … while putting the finishing flourishes on a column for the Crimson or as the curtain parted on opening night of ‘The Gershwins’ Porgy and Bess’ … while mentoring high school students in our community, or confronting an opponent on the playing field.”At the same time, Faust reiterated the challenge she leveled at students during Freshman Convocation in 2009. She asked parents if their children had expanded their definition of success enough to include some failure, and if their students had found the courage to take risks and try something new.President Drew Faust asked parents if their children had expanded their definition of success enough to include some failure, and if their students had found the courage to take risks and try something new, reiterating her challenge upon their arrival in 2009.“Have they seen a work of art or a play that has moved them, or have they moved others with a performance of their own?” she asked. “Have they learned to speak a new language, have they invented their own app? Have they taken a course that has no apparent connection to the life they hope to lead one day, a course that just sounds interesting? I hope your children … appreciate the merits of being out of their element.”Suzy Nelson, dean of student life, picked up on Faust’s call for undergraduates to broaden their horizons. Nelson highlighted the College’s co-curricular activities, calling them “the other classroom at Harvard,” and offered the stories of juniors Carolyn Chou, Suzanna Bobadilla, and Nevin Raj as examples of students who had taken advantage of these opportunities. Chou, the president of Phillips Brooks House Association, connects her academic work with service in Boston’s low-income communities. Bobadilla, an intern at the Women’s Center, collaborated on a history of the coeducational experience at Harvard’s Pforzheimer House. And Nevin is a drug and alcohol peer adviser and a peer advising fellow who works with freshmen.“Whether it is planning an event such as Yardfest [Harvard’s spring concert] or writing for the Crimson, or leading a team to victory, or managing the local homeless shelter,” Nelson said, “all of these initiatives are student driven. The ‘other classroom’ at Harvard is less structured, but no less influential in shaping students’ lives as they mature toward adulthood.”Parents packed Sanders Theatre during Junior Parents Weekend. Nearly 600 students and more than 1,500 guests attended two days of events.Adulthood — specifically the worlds of work and graduate school — were top of mind for families who attended “Excelling Beyond Harvard,” a panel hosted by the Office of Career Services in the Science Center. OCS Director Robin Mount and her colleagues stressed the wide range of options available to graduates of the College, from jobs and internships, to professional school, to international fellowships and travel. Peter and Mae Gonzales appreciated the OCS experts’ advice, particularly the suggestion that their son Andrew ’13 take some time off after college before going on to medical school.“We’re both physicians,” said Mae Gonzales. “We came from the old culture of going straight from college to medical school. But when you’re in medicine, that’s your life. It’s full of responsibilities that can’t build on your other interests. My son has a secondary concentration in East Asian studies. He’s thinking of taking a year and going to Asia.”The weekend also included lectures and presentations from some of Harvard’s brightest scholars and teachers. In a re-creation of his Harvard Thinks Big presentation “Speaking with the Dead,” Professor Stephen Greenblatt enthralled junior families with a discussion of Shakespeare’s “Hamlet.” Greenblatt said that the play transformed English language by introducing new words and new uses of words like “fret,” “compulsive,” and “unnerved.” “Hamlet” ’s biggest impact on English culture, however, was the way that it transformed the relationship between the dead and the living in literature.“Hamlet undergoes this transformation,” Greenblatt said. “He hears his dead father. During the play he is convulsed by doubt. Then, finally, he speaks himself as a dead man at the end of the play. After ‘Hamlet,’ literature becomes more and more a story that’s told by the dead to the living.”Throughout the weekend, parents got a chance to experience or learn about virtually every facet of undergraduate life. Some attended performances by student groups like the Hasty Pudding Theatricals or the Harvard Wind Ensemble. Others rooted the Crimson on at a men’s lacrosse game or women’s water polo tournament. Many simply explored campus via a tour given by the Crimson Key Society or Widener Library. However they spent the weekend, most parents said that they appreciated the chance to see their son or daughter, and to spend a weekend listening and learning at Harvard.“I was impressed by the diversity of talent here,” said Kathy Carroll, on campus with her husband George to visit their daughter Ann ’13. “The professors that spoke, the artists, the dancers — it’s just awesome. We can see how fortunate Ann is to be exposed to all of this.”In a re-creation of his Harvard Thinks Big presentation “Speaking with the Dead,” Professor Stephen Greenblatt enthralled junior families with a discussion of Shakespeare’s “Hamlet.”