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Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency and Bankruptcy Code does not contemplate lookback period; Information and relevant documents not to be withhold from Liquidator to investigate transactions done even beyond two years from Insolvency Commencement Date

National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Anant Bijay

Case Briefs High Courts

Can caste-based reservation be given to an individual if one converts to another religion; Madras High Court explains considering instant facts

Madras High Court: In a case filed by the petitioner- candidate seeking the reason for his non-selection as well as

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

16 interesting stories from Tribunals and Commissions [November, 2022]

Mehul Choksi banned from SEBI for 10 years; SC acted in violation of the provisions of Constitution: CIC; No prohibition on advocate to represent different company in separate proceedings filed under Section 7 IBC; Interim directions to Gurugram Municipal Corporation vis-a-vis banned foreign dog breeds and increased cases of pet and stray dog menace; and more

Case Briefs High Courts

[Ban on Popular Front of India (PFI)] Karnataka HC refuses to interfere with the Govt. decision to give immediate effect to the ban

The Govt. of India had imposed a ban of PFI declaring it an unlawful organisation under the UAPA. The Notification banning the organisation was given ‘immediate effect’, which was then challenged before the High Court

Case Briefs High Courts

Delhi High Court restrains a Ludhiana based company from further manufacture of bicycles under the mark ‘RALLIES’; allows to sell the existing stock

Swiss Bike Vertriebs GMBH, a subsidiary of ACCELL Group filed a suit against Imperial Cycle Manufacturing Company for seeking permanent injunction restraining them from committing acts of trademark infringement and passing off with respect to the Swiss Bike’s mark ‘RALEIGH’ which was used for bicycles/cycles/bikes.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Claims of various stakeholders to be considered by Resolution Professional in accordance with law; NCLT, Chandigarh emphasizes

That various stakeholders are to be considered by the Resolution Professional under the relevant provisions of IBC andin accordance with law, and the same should be placed before the CoC for approval. Thus, the resolution plan was sent back for approval by the Committee of Creditors.

Case Briefs High Courts

Delhi High Court directs Pocket FM to take down audio book titled “Mossad: The Greatest Mission of the Israeli Secret Service” in a copyright infringement suit

Mebigo Labs Private Limited filed a suit seeking permanent injunction restraining Pocket FM Private Limited from committing acts of copyright infringement and unfair competition regarding the Hindi translation of the audio book titled “Mossad: The Greatest Mission of the Israeli Secret Service”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Victim should not remain without remedy”; NGT orders factory not to resume work unless compensation paid as per law

National Green Tribunal | A bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member), JJ., and A. Senthil

Case Briefs High Courts

Delhi High Court directs Union Government and Kendriya Vidyalaya Sangathan to sanction 987 posts for special educators in Kendriya Vidyalaya across country

The Union Government and Kendriya Vidyalaya Sangathan (KVS) were directed by the Delhi High Court to sanction the positions of 987 special educators to meet the demands of the 5,625 special students enrolled in different Kendriya Vidyalayas.

Case Briefs High Courts

Bombay High Court grants bail to a woman accused of throwing her newborn child from the top of the building

Bombay High Court: In an application filed seeking bail against FIR registered for the offense punishable under sections 317, 302,

Case Briefs Foreign Courts

Termination of a Swiss national's widower's pension: ECHR finds no weighty and convincing reasons for such differential treatment on grounds of gender

“References to traditions, general assumptions or prevailing social attitudes in a particular country are insufficient justification for a difference in treatment on grounds of sex, whether in favour of women or men”

Case Briefs Foreign Courts

Singapore Court of Appeal clarifies the proper interpretation of ‘reasonable costs’ under Order 110 Rule 46 and the way it needs to be assessed

The issue of cost recovery in various forums could impact the choice of dispute resolution forum by parties seeking to resolve their international commercial disputes in Singapore. This is a chief judgment for thirdparty funders, funding disputes in Singapore, as the degree to which costs may be recovered would be a relevant factor in making the commercial decision to fund a dispute.

Case Briefs High Courts

Kerala High Court directs every station house officer to record FIR within an hour from the time information is received regarding an attack on a healthcare professional

Kerala High Court: In a case filed concerning recurring violence against Doctors and Healthcare Professionals, a Division Bench of Devan

Case Briefs High Courts

POCSO| Getting date of birth changed in Aadhaar to establish that minor victim was a consenting adult is a serious offence; Delhi High Court denies bail to a married man

Delhi High Court denied bail to a married person as he wanted to take advantage of the complainant by getting the complainant’s Date of Birth on the Aadhar Card changed so that when the applicant established physical relationship with the complainant, she would not have been a minor.

High Court Round Up Legal RoundUp

High Court Monthly Roundup| November 2022| 60+ Legal Stories including Default Bail, Babri Masjid Demolition, Kashmiriyat, Muzaffarnagar Riots and more

Allahabad High Court Allahabad High Court dismisses appeal against acquittal order in Babri Masjid Demolition Case In an appeal against

Case Briefs High Courts

Punjab and Haryana High Court upholds appointment of candidate holding Master’s Degree in Public Administration as a Political Science Lecturer

Punjab and Haryana High Court: In a Letters Patent Appeal, filed against the order which set aside the appointment of

Legal RoundUp Legislation Roundup

[NOVEMBER 2022] Legislation Monthly Roundup | 15+ Stories relating to E- Waste Management Rules & new emission standards notified by MoEFC; Amendment of Aadhaar (Enrolment and Update) Regulations by UIDAI; Rate of Family Pension revised by SIDBI and may more

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE Government notifies E-Waste (Management) Rules, 2022 The Central Government has notified the E-Waste (Management) Rules,

Case Briefs High Courts

Delhi High Court grants permanent injunction in favour of Dream 11 in a trade mark infringement suit

Delhi High Court granted permanent injunction in favour of Dream 11 against the person who was operating under the domain name ‘www.dream11.bet’ and held that the domain name adopted by the defendant was deceptively similar to that of the plaintiffs and was clearly intended to ride on the goodwill and reputation of the plaintiff’s marks.

Case Briefs High Courts

Allahabad High Court holds revision order defective for admitting without condoning the delay

The Court, not doubting the bona fides of the District Judge, maintained the legal position of Section 5 stating that revision order was a defective one without condoning the delay. There may be instances where the interest of justice may demand Court’s interference to avoid frustration of proceedings due to technicalities, however, in the present instance nothing restrained the District Judge from deciding Section 5 application.

Case Briefs High Courts

Delhi High Court orders social media platforms to block circulation of sexually explicit video involving a judicial officer

The application was filed to restrain social media platforms from sharing the sexually explicit video of a judicial officer that was being circulated over the internet. Therefore, the Delhi High Court had taken up the suit on urgent mentioning and in the light of imminent and irreparable harm that was likely to be caused to the plaintiff.