Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Date of default cannot be strictly construed as the date of Non-Performing Assets

In the instant matter, the Adjudicating Authority dismissed S. 7 IBC application on the ground of limitation and the Tribunal acknowledged that there was default and debt, and the application is not barred by limitation.

Case Briefs High Courts

Purchase orders do not in any manner supersede the contract between the parties; Delhi High Court holds arbitration clause in contract valid

The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.

Case Briefs High Courts

Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy

In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’

Case Briefs Tribunals/Commissions/Regulatory Bodies

Service tax not payable for ‘deemed sales’; CESTAT sets aside the order passed by the Commissioner LTU, Delhi

The supply of ISO Tankers on lease/rental basis by foreign suppliers to the appellant would amount to a ‘deemed sale’ under Article 366(29A) of the Constitution as the appellant throughout had effective control and possession over the ISO Tankers.

Case Briefs High Courts

[Congress MPs Mass Resignation] Rajasthan High Court seeks decision of Speaker of the House in 10 days

Moot point for consideration in the case was to examine the total amount of time the Speaker of the House should take to discharge his statutory obligation. The Court granted 10 days’ time to file a reply

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

2022 Yearly Wrap Up | Anamnesis of Rulings and Judgments Rendered by Tribunals, Regulatory Bodies and Commissions

While we brace ourselves for 2023, we switch on our anamnesis mode and note down the significant decisions covered in the entire year of 2022 by Tribunals, Regulatory Bodies and Commissions

Case Briefs Supreme Court

Supreme Court sets aside Allahabad High Court order in a civil matter guised as a criminal proceeding

The Supreme Court expressed its displeasure by the attempts made by parties to invoke jurisdiction of criminal courts, by filing vexatious criminal complaints by camouflaging allegations which were ex facie outrageous or pure civil claims.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Information under section 2(f) refers to material already available with public authorities; CIC reiterates

A combined reading of the provisions of the RTI Act and the observation of the Supreme Court crystalizes the interpretation and meaning of the word ‘information’ as defined in the section 2(f) of the Act which only refers to such material as is already available in the records of the public authority.

Case Briefs High Courts

Law does not allow husband to take wife’s articles without her consent and knowledge: Delhi High Court dismisses pre-arrest bail application

The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.

Case Briefs High Courts

Can Courts re-appreciate evidence under Section 34 of the Arbitration Act and treat High Courts as regular first Court of Appeal? Sikkim High Court answers in Negative

The Court observed that the Tribunal after holding that there was a fundamental breach of contract, factored in the contributory delay caused by the appellant and fairly awarded ‘Loss of Profit’ by slashing it to 50% of the original claim put forth by the appellant.

Legislation Updates Rules & Regulations

Indian Telegraph (Infrastructure Safety) Rules, 2022

On 3-1-2023, the Ministry of Communications has notified the Indian Telegraph (Infrastructure Safety) Rules, 2022. The Rules came into effect

Case Briefs High Courts

‘Time period of 6 months for filing Motor Accident Claim must be calculated from the date of accident’; Kerala High Court interprets “month”

Kerala High Court while dealing with the issue of limitation for filing claim petition, considered the months and not days from the date of accident, for calculating the limitation period.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT: Petrol Pump near Veeranam Lake doesn’t violate CPCB’s 50 Meter guideline

It was alleged that less than 50 meters of distance between Veeranam Lake and the proposed petrol pump violated the addendum of 16.08.2021 to the guidelines of 7.1.2020 issued by the Central Pollution Control Board.

Case Briefs High Courts

Madras High Court directs Tamil Nadu Judicial Academy to conduct a refresher course for the judicial officers, focusing on the special enactments, making them aware of the procedure

While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether CoC after approval a Resolution Plan can seek direction to consider a new Resolution Plan of a third party who was not a part of the CIRP Proceedings? NCLAT answers

National Company Law Appellate Tribunal, New Delhi: A bench consisting of Anant Bijay Singh, J., and Shreesha Merla* (Technical Member)

Know thy Judge

Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades

After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.

Case Briefs High Courts

‘No authority or person should intervene in the enjoyment of live-in-relationship of two consenting adults’; Allahabad High Court directs State to ensure protection of their life & liberty

In the case at hand, the date of birth of both the petitioners showed them to be major and they claim their decision live together to be based upon voluntarily will/option.

Legal RoundUp Legislation Roundup

Legislation Year End Round-Up 2022 | Quick Recap of All the Important Legislations Relating to Central, State and Foreign Legislature

January Updates: Fire Detection and Protection system in passenger compartment in buses vide Central Motor Vehicles (First Amendment) Rules, 2022

Case Briefs High Courts

Delhi High Court directs Government to ensure free food and medical treatment to HIV positive persons below the poverty line

The Delhi High Court held that the Government should ensure strict compliance of the statutory provisions under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 and directed the Government to ensure free food and medical treatment to HIV/AIDS patients who were below the poverty line and were unable to afford the same.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT sets aside clean chit to DLF in allegations of abuse of dominant position case; CCI to hear matter afresh

In the case at hand, a buyer of an apartment in a DLF Project had allegedly found several clauses of the buyer-seller agreement reflecting abuse of dominance position by DLF which was “highly unfair and discriminatory” to the buyer.