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Inputs from Bombay Chambers to the Finance Minister Smt. Nirmala Sitharaman on Covid Control Measures to deal with Covid 2.0
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MCA issues clarification on spending of CSR funds for setting up makeshift hospitals and temporary COVID Care facilities
The Ministry of Corporate Affairs has issued a circular stating that companies may undertake Covid care activities in consultation with State Governments subject to fulfillment of Companies (CSR Policy) Rules, 2014 and the circulars related to CSR issued by this Ministry from time to time.
‘System Generated Harassment’ – Kerala High Court deprecates delay in incorporating a LLP by the Central Registration System
“The facts of the case disclose a sorry picture of what can be described as a ‘system generated harassment’ aggravated by non application of mind by officials who leave everything to be dealt with by the system, thereby putting the common man to an agonising phase of suffering, where he is condemned to deal with faceless men and machines”
Copy of the judgement
An administrator of Whatsapp group cannot be held criminally liable for objectionable post of its member – Bombay High Court DB
A Division Bench of the Bombay High Court has ruled that an administrator of Whatsapp group can be held criminally liable for objectionable post of its member for committing offences punishable under sections 354-A(1)(iv) , 509 and 107 of the Indian Penal Code and section 67 of the Information Technology Act, 2000.
The High court further held that an Administrator of a Whatsapp group does not have power to regulate, moderate or censor the content before it is posted on the group. But, if a member of the Whatsapp group posts any content, which is actionable under law, such person can be held liable under relevant provisions of law. In theabsence of specific penal provision creating vicarious liability, an administrator of a Whatsapp group cannot be held liable for objectionable content posted by a member of a group. A group administrator cannot be held vicariously liable for an act of member of the group, who posts objectionable content, unless it is shown that there was common intention or pre-arranged plan acting in concert pursuant to such plan by such member of a Whatsapp group and the administrator. Common intention cannot be established in a case of Whatsapp service user merely acting as a group administrator. When a person creates a Whatsapp group, he cannot be expected to presume or to have advance knowledge of the criminal acts of the member of the group.
Copy of the judgement
Stipulation that ‘only male candidates can apply’ for the post of a Safety Officer is violative of the provisions of Articles 14, 15 and 16 of the Constitution – Kerala High Court
A notification was published, by a Public Sector Undertaking, inviting applications for the post of a Safety Officer. However, it was stated in the notification that only male candidates need apply for the post.
The petitioner, a female, approached the Kerala High Court challenging the said provision in the notification on the ground that it is discriminatory and that the right of the petitioner for being considered for appointment as Safety Officer is violated due to the said provision.
While quashing the ‘male only’ condition, the High Court held as follows:
‘Apparently, the World has moved forward and women who were relegated to the roles of home makers during the times when the enactment had been framed have
taken up much more demanding roles in society as well as in economic spheres. We have reached a stage where the contributions made by women in the spheres of economic development cannot be ignored by any industry. Women are being engaged to work during all hours in several industries including Health Care, Aviation and Information Technology. Women have been engaged in several
professions requiring round the clock labour and have proved themselves quite capable of facing the challenges of such engagement”
“The decision in HindustanLatex Ltd.’s case cited supra and the subsequent laying down of the law by the Apex Court would make it abundantly clear that a woman who is fully qualified cannot be denied of her right to be considered for employment only on the basis of her gender. It is the bounden duty of the respondents who are Government and Government functionaries to take all appropriate steps to see that a woman is able to carry out the duties assigned to her at all hours, safely andconveniently. If that be so, there would be no reason for denying
appointment to a qualified hand only on the ground that she is a woman and because the nature of the employment would require her to work during night hours.”
Copy of the judgement
An entry made in a balance sheet of a corporate debtor would amount to an acknowledgement of liability under Section 18 of the Limitation Act – Supreme Court
An entry made in a balance sheet of a corporate debtor would amount to an acknowledgement of liability under Section 18 of the Limitation Act
Copy of the judgment
Bombay High Court directs Labs to provide RTPCR reports on whatsapp and upload report of positive patients on ICMR website within 24 hours
The Nagpur Bench of the Bombay High Court while deciding a Civil Application in Suo Motu PIL has directed Labs conducting RTPCR tests to send the results on whatsapp followed by a hard copy.
The Bench has further directed that reports of positive patients should be uploaded on ICMR website within 24 hours and the test reports of negative patients should be uploaded within 7 days. Para 4 of the orders is reproduced below:
“4. Hence, we direct that after making the reports available to the patients on Whatsapp as also hard copy of it, the reports of the patients, who test positive shall be uploaded on the ICMR portal within 24 hours and the reports of the patients who test negative should be uploaded on the ICMR portal within 7 days and if these directions are not complied with by the laboratories, the authorities will be free to take appropriate action against the concerned laboratories, as deemed fit by the concerned authority. This arrangement shall continue until further orders.”
Copy of the order
Q&A about Covid Regulations from Disaster Management cell on the orders
The Principal Secretary Disaster Management, Relief & Rehabilitaion Dept has issued a FAQ statement on the orders dated 13th April 2021 issued by the Maharashtra Government.
On the date of approval of resolution plan by the Adjudicating Authority, under the IBC, all such claims, which are not a part of resolution plan, shall stand extinguished – Supreme Court
In landmark ruling, interpreting the scope of Section 31 if the I&BC, the Supreme Court of India held as follows:
“(i) That once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and otherstakeholders. On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan;
(ii) 2019 amendment to Section 31 of the I&B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which I&B Code has come into effect;
(iii) Consequently all the dues including thestatutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued.”
Copy of the judgement
