Editor, Author at SCC Times

SEBI extends timeline for entering and verifying of details in Security and Covenant Monitoring system

On 5-1-2023, the Securities and Exchange Board of India (‘SEBI') has extended the timelines for entering and verifying the details

Case Briefs High Courts

‘Reason to arrest after four years, not spelt out in the arrest memos’; Bombay High Court grants interim bail to Chanda Kochhar and husband Deepak Kochhar

The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.

Case Briefs High Courts

Whether a Motor Accident Claims Tribunal constituted under MV Act, 1988 is a Court subordinate to the High Court within the meaning of S. 115 of CPC? Allahabad High Court answers

The view of the Full Bench in Kamla Yadav case, that a Motor Accident Claims Tribunal constituted under the Act is a Court subordinate to the High Court within the meaning of Section 115 of the Code, does not require reconsideration.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT cannot direct modifications of claims once the Resolution Plan is approved

In instant matter, the appellants filed an appeal challenging the NCLT order approving the Resolution Plan approved by the CoC. The NCLAT held that once Resolution plan is approved by CoC, it cannot direct modifications of claims to Resolution Plan as the Tribunal does not have residual equity-based jurisdiction.

Case Briefs High Courts

Transfer of PAN is consequential to the Order of transfer of jurisdiction; Bombay High Court holds PAN follows the jurisdiction not vice versa

Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the

Case Briefs Supreme Court

IBC| “No law would compel a person to do the impossible”, Supreme Court upholds validity of the moratorium period which debarred the appellant from making settlement payment.

The Supreme Court stated that it was neither a case where the appellant did not make any application within the stipulated time under the 2019 Scheme nor where the appellant deliberately did not deposit the settlement amount.

Case Briefs High Courts

Delhi High Court confirms ex-parte ad interim injunction in favour of AIWA Co. Ltd., a Japan company for its mark “AIWA” in a trade mark infringement suit

The Delhi High Court held that the use of mark “AIVVA” by Aivva Enterprises (P) Ltd. was phonetically similar to the mark “AIWA” of Aiwa Co. Ltd. and thus, caused confusion in the market. Therefore, the Court confirmed ex-parte ad interim injunction in favour of the mark “AIWA” in a trade mark infringement suit.

Cases Reported SCC Weekly

2023 SCC Vol. 1 Part 1

Arbitration and Conciliation Act, 1996 — S. 33 — Power of modification of award under — Scope of: Award can be modified

Case Briefs High Courts

An artist cannot be compelled to deal with another party against his own wish in perpetuity; Delhi High Court holds termination of agreement by Khesari Lal Yadav, valid

Grant of injunction in favour of the plaintiff company would cause irreparable injury to the Artist which cannot be compensated in monetary terms as he would be forced to continue with the contract of personal service even though mutual trust has been lost between parties.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT sets aside Section 7 IBC application; lets Section 9 application run its due course

The Tribunal stated that if the withdrawal of the Section 9 Admission order was upheld and CIRP were to start afresh from the date of admission of the Section 7 Application, it would have resulted in an inadequate insolvency resolution of the corporate debtor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT stays Notification of Ministry delegating the appraisal of Impact Assessment to Local Bodies

The Tribunal stayed the operation of notification issued by MoEF&CC modifying the EIA regime in respect of construction projects with built up area more than 20,000 sq. meters to 50,000 sq. meters and industrial sheds, educational institutions, hospitals and hostels for educational institutions more than 20,000 sq. meters upto 1,50,000 sq. meters.

Case Briefs High Courts

Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict

The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No inconsistency between Section 33 IBC and Section 11-B of the Central Excise Act, 1944; NCLAT partly allows appeal

In the present case, a Liquidator filed an application before for release/refund of unlawful payment by the applicant. The Tribunal, partly allowing the appeal, upheld the refund of the amount of Rs.25,46,588/- and of the amount of Rs.1,08,797/- as no application for refund was filed for the said amount.

Case Briefs High Courts

[Illegal Bulldozing of Houses] | “State of Assam must now take appropriate action to compensate the persons affected by illegal demolition of their houses”: Gauhati High Court

The Gauhati High Court had taken suo motu cognizance of the allegation that house belonging to one of the citizens of Nagaon, was bulldozed by an order dated 13-12-2022

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Once the resolution plan is submitted for approval, it is binding between the Committee of Creditors and successful resolution applicant

NCLAT while deciding the appeal held that the CoC after approving the resolution plan cannot seek direction from Adjudicating Authority to consider the new resolution plan of a third party who was not a part of the CIRP as it would fall outside the timeline and defeat the very scope and objective of the Code.

Case Briefs High Courts

[JJ Act] Bombay High Court issues notice to the Publisher and Editor of Mid-Day for alleged publication of name and photographs of the child in conflict with law

Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant

Case Briefs Tribunals/Commissions/Regulatory Bodies

[DSSSB] CAT, Delhi directs State to constitute an expert body to examine the Answer Key for question paper for the post of Librarian

Central Administrative Tribunal, Delhi: In an original application filed by the applicant seeking to quash the answer key for Questions

Case Briefs High Courts

Delhi High Court | Marks under ‘Swiss Military’ ineligible for trade mark registration Delhi High Court

The Delhi High Court allowed an appeal moved by the Armasuisse (Federal Agency of the Swiss Federation) and held that the marks ‘white cross on black background’, ‘white cross on red background’ and ‘SWISS MILITARY’ were all ineligible for trade mark registration in respect of textiles as it might suggest link to Swiss military establishment.

Know thy Judge

Know Thy Judge | Justice Chudalayil Thevan Ravikumar

Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.

Case Briefs High Courts

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.