Editor, Author at SCC Times

Clauses in Information Brochure based on statutory Master Circular is enforceable; Bombay High Court sets aside Administrator decision to write down AT-1 bonds once Yes Bank stood reconstituted

The clauses in the Information Memorandum are based on the Master Circular which is issued by the Reserve Bank under its statutory powers. Information Memorandum and its clauses refer to Master Circular. The said Information Brochure has a statutory flavour. In that event, the agreement would have a statutory base and such an agreement can certainly be enforceable.

Legislation Updates Rules & Regulations

MCA revises Form URC-1 vide Companies (Authorized to Register) Amendment Rules, 2023

On 20-1-2023, the Ministry of Corporate Affairs notified the Companies (Authorized to Register) Amendment Rules, 2023 to amend the Companies (Authorized to

Case Briefs Supreme Court

Defendants cannot be dispossessed unless the plaintiff has established a better title and rights over the property, Supreme Court reiterates

The Supreme Court observed that the defendants, being in possession, would be entitled to protect and save their possession, unless the person who seeks to dispossess them has a better legal right in the form of ownership or entitlement to possession.

Legislation Updates Rules & Regulations

Additional educational requirements, powers and duties of Designated Officers, Food Officers and Analysts introduced vide Food Safety and Standards (First Amendment) Rules, 2022

On 20-01-2023, the Ministry of Health and Family Welfare notified the Food Safety and Standards (First Amendment) Rules, 2022, to further amend

Case Briefs High Courts

Punjab and Haryana High Court directs restoration of pension to remarried widow

The Court held that Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband's brother to get extraordinary pension.

Case Briefs High Courts

“The problem of toxic work culture is problem plaguing all booming economies”; Delhi High Court grants anticipatory bail to the Secretary of Central Board of Irrigation and Power accused of abetting suicide

Delhi High Court opined that death caused due to overwork and toxic work environment is a social problem which requires the government, the labour unions, the health officials and corporates to formulate appropriate policies.

Case Briefs High Courts

Delhi High Court | Divorced/Widowed daughter to be regarded as an unmarried daughter under the Swantantrata Sainik Samman Pension Scheme

The Delhi High Court remarked that the expression “unmarried” adverts to a person who is not married. It includes a woman who is single i.e., who was married but divorced and even a woman who is widowed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS and deposit in Form 16-A under Section 194-A of Income Tax Act proves the deduction was TDS relating to ‘Interest other than interest on securities’: NCLAT observes

In the instant matter an appeal was preferred against the order of NCLT admitting S. 7 IBC application or repayment of financial debt. Upholding the order of the NCLT, the Tribunal held that even if there is no proof of loan agreement other materials on record can prove the financial debt.

Legislation Updates Rules & Regulations

MCA revises Form No. AOC-5 vide Companies (Accounts) Amendment Rules, 2023

On 20-1-2023, the Ministry of Corporate Affairs notified the Companies (Accounts) Amendment Rules, 2023 to amend the Companies (Accounts) Rules, 2014. The

Case Briefs High Courts

Rajasthan High Court upholds the validity of equivalence certificate issued by Association of Indian Universities

The Rajasthan High Court, after perusing the certificate issued by Association of Indian Universities and the notification issued by Ministry of Education, stated that AIU had issued equivalence certificate with regard to the qualification of the petitioner making the petitioner eligible for the post.

Case Briefs High Courts

Delhi High Court| CERC does not have jurisdiction to adjudicate upon a dispute without Power Purchase Agreement

The Court rejected the contention forwarded by defendant 3 to the effect that the present issue had an impact on tariff, as the actions of the plaintiff had prevented the applicant from supplying power to defendant 3 under the PSA resulting into defendant 3 being forced to secure power from the open market at rates much higher than the tariff determined.

Case Briefs High Courts

Delhi High Court | Errors that are apparent on record can be subjected to review and not the ones required to be discovered through a process of legal reasoning/ arguments

Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf

Case Briefs High Courts

Madras High Court sets aside unsuitable conditions imposed by police for birthday celebration of LTTE leader Prabhakaran

Madras High Court held that the police has to permit the petitioner to conduct an oratory competition on the 68th Birth Anniversary of Prabakaran the leader of the banned outfit LTTE and set aside unsuitable conditions imposed by the police on the petitioner

Case Briefs High Courts

Kerala High Court | Court fee cannot be refunded after the suit decided on merits

Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.

Case Briefs Supreme Court

Section 138 NI Act| Supreme Court sets aside Madras High Court’s reversal of acquittal in a cheque bouncing case

The Supreme Court observed that the scope of interference in an appeal against acquittal is limited and that the Madras High Court ‘could not have interfered with the finding of acquittal recorded by the learned Trial Court.

Hot Off The Press News

Sharing critical posts of PM Modi will not impinge on the suitability of Advocate R. John Sathyan’s judgeship proposal; Supreme Court Collegium reiterates recommendation

The Supreme Court Collegium stated that the Intelligence Bureau report noted that nothing came against his integrity who also did not have any overt political leanings, therefore, its adverse comments in respect of posts made by Advocate R. John Sathyan would not impinge on his suitability, character, or integrity.

Legislation Updates Rules & Regulations

Enhanced obligations and responsibilities for qualified stock-brokers, introduced vide SEBI (Stock-Brokers) (Amendment) Regulations, 2023

On 17-1-2023, the Securities and Exchange Board of India notified the Securities and Exchange Board of India (Stock Brokers) (Amendment) Regulations, 2023

Case Briefs High Courts

Order rejecting Siddique Kappan’s discharge application is against law propounded by SC; Allahabad High Court remits the matter back to the Trial Court to decide afresh

If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court

Case Briefs High Courts

Individuals should not be permitted to snoop in neighbour’s affairs through CCTV; Kerala High Court directs Police to come up with guidelines related to CCTV installation

Addressing a petition for protection of privacy against neighbour's CCTV surveillance camera, Kerala High Court calls State Police Chief to bring appropriate guidelines for CCTV camera installation.

Case Briefs High Courts

Life and liberty of a person not on the shore of India, cannot be invoked when the individual himself is not in India; Gujarat High Court dismisses petition of foreigner to enter India

Gujarat High Court denied entry to an American Passport holder who has been convicted as a sex offender and held that petition filed by the petitioner's father on petitioner's behalf, invoking Articles 14 and 19 of the Constitution of India, is not maintainable because life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India