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Case Briefs Tribunals/Commissions/Regulatory Bodies

Rule 11 of NCLAT Rules 2016 cannot be invoked even if there is no provision in IBC to deal with certain circumstances: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeals, a bench comprising of Rakesh Kumar Jain*, J. and Kanthi Narahari

Case Briefs High Courts

[Rooh Afza v Dil Afza] Delhi High Court restrains Sadar Laboratories from manufacturing or selling products containing trademark ‘DIL AFZA’ till final disposal

The three tests of sound, sight and meaning are now well accepted for determining the similarity between competing marks and, similarity in any of the three aspects – visual impression, verbal sound, and meaning – may be sufficient to result in confusion. The question of similarity and the likelihood of confusion between two competing marks is determined on the basis of their overall commercial impression.

Case Briefs High Courts

Punjab & Haryana High Court orders for release of Stridhan to deceased’s father instead of her husband

Punjab and Haryana High Court held that after the death of wife custody of dowry articles belongs to the family of the deceased wife.

Case Briefs High Courts

Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case

Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality

Case Briefs High Courts

Allahabad High Court imposes fine of Rs.25,000 along with simple imprisonment of one week to Deputy commissioner of Income tax for Contempt of Court

Disobedience of this Court’s order strikes at the very root of the rule of law on which the judicial system rests. The rule of law is the foundation of a democratic society, and the Judiciary is the guardian of the rule of law. Hence, it is not only the third pillar but also the central pillar of the democratic State

Case Briefs Tribunals/Commissions/Regulatory Bodies

Plea of pre-existing dispute must co-relate with amount claimed by Operational Creditor: NCLAT

National Company Law Appellate Tribunal | Allowing the appeal as the impugned order is contrary to law, the bench comprising of Rakesh

Case Briefs High Courts

Delhi High Court| Not duty of constitutional courts but civic bodies to regulate public movement and their choice of urinating, spitting and littering on walls having sacred images

Delhi High Court: In a PIL filed seeking a prohibition of affixing photographs of gods/goddesses on walls to prevent public

Case Briefs High Courts

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

The Delhi High Court had initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)’s inquiry revealed that the defendants placed a fabricated Intellectual Property Appellate Board’s Order on record.

Case Briefs High Courts

Participation in the elections of college union is an integral part of the education; Uttaranchal High Court grants age relaxation of two years to the student for participating in the college election

The Uttaranchal High Court held that participation in the elections of college union was an integral part of the education, and it was an opportunity that was given to the students for developing their leadership qualities, therefore, two years age relaxation was granted to the student for participating in his college elections.

Case Briefs High Courts

Accused cannot be held in indefinite custody having completed 50% of his sentence; Delhi High Court grants bail

Delhi High Court grants bail to accused persons reiterating that, no accused can be indefinitely detained in custody having already undergone 50% of the sentence.

Case Briefs High Courts

Gujarat High Court issued show cause notice to 9 Judicial officers for disobeying the order of the High Court and not disposing of the case pending since 1977

Judicial Officers were given a show-cause notice by the Gujarat High Court for not following the Court’s orders and directions

Case Briefs High Courts

[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act

The present petition is filed by a doctor, an ophthalmologist due to the unavailability of any procedural provision or mechanism for the registration / receipt of a complaint regarding cognizable offences declared under the NDPS Act with the Narcotics Control Bureau

Case Briefs High Courts

Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up

The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fictional Scheme to benefit few selected related parties; NCLAT upholds Liquidation of Corporate Debtor

National Company Law Appellate Tribunal | A bench comprising of Ashok Bhushan, J., Dr. Alok Srivastava* (Technical Member) and Barun

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No provision for making any modification in the resolution plan; Adjudicating Authority can either approve or reject it

National Company Law Appellate Tribunal held that there is no provision in Insolvency Bankruptcy Code, 2016 for alteration or modification in the resolution plan by the Adjudicating Authority

Case Briefs High Courts

MoEA notification that even during the pendency of criminal case, passport could be issued/renewed; Allahabad High Court reiterates

The reports of non-cognizable cases in which the Magistrate had not even ordered for investigation were being considered for rejection of passport, thus, the Allahabad High Court directed the DG of Police to instruct his officers to give a report regarding the pendency of reports in non-cognizable cases after proper application of mind.

Case Briefs High Courts

Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act

While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.

Case Briefs Supreme Court

Supreme Court grants bail to accused of transporting illegal ‘raw unmanufactured Tobacco’

The petitioner had undergone incarceration for more than 4 months and completion of trial would take some time, thus, the Court enlarged him on bail

Case Briefs High Courts

Madras High Court directs State to pay Rs. 1 Lakh compensation to family of a man, missing since he was taken from his house for Covid-19 treatment

The missing person has not been traced either dead or alive and the stalemate continues, thus, taking into consideration the overall situation and without being too harsh on the State Government and instead, on humanitarian ground, the Madras High Court directed the State to pay compensation to the missing man’s family.

Legislation Updates Notifications

SEBI issues Master Circular for Foreign Portfolio Investors, Designated Depository Participants and Eligible Foreign Investors

On 19-12-2022, the Securities and Exchange Board of India (‘SEBI’) has issued Master Circular for Foreign Portfolio Investors, Designated Depository