Editor, Author at SCC Times

No bar to amendment of S. 7 IBC petition until final order; Money decree, recovery certificate in financial creditor’s favour gives fresh cause of action to initiate corporate insolvency resolution process: SC

Supreme Court: A Division Bench of Indira Banerjee and V. Ramasubramanian, JJ. held that there is no bar in law to amendment

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Jammu & Kashmir government exempted from Takeover regulations for the proposed acquisition of equity shares of Jammu and Kashmir Bank

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, exempted the Government of Jammu and Kashmir, from complying with

Case Briefs District Court

[Hate Speech] Court grants bail to Ram Bhagat a.k.a Jamia shooter in a hate speech case

Sessions Court, Gurugram: D.N.Bhardwaj, Additional Sessions Judge, granted bail to the Ram bhagat identified as Jamia shooter in a hate speech case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Does Rule 4(5)(a) of Cenvat Credit Rules, 2002 cover the return of waste and scraps and is it subject to Central Excise duty? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed aggrieved by the order-in-original

Case Briefs Supreme Court

Premature release of convicts who have undergone imprisonment of more than 14 yrs, and less than 14 yrs: With whom lies the power? SC discusses

Supreme Court: A Division Bench of Hemant Gupta and A.S. Bopanna, JJ. disposed of a criminal appeal holding, inter alia, that if

Case Briefs High Courts

Kar HC takes up suo motu cognizance over incident of Monkey Deaths; Art. 21 protects ‘animal life’ which is necessary for human life

Karnataka High Court: A Division Bench of Abhay Sreenivas Oka CJ and N S Sanjay Gowda J. remarked that it is necessary

Case Briefs High Courts

Tri HC | Court rejects post-retiral benefits of pension and gratuity on false claim of being a reserved category candidate; however, salary already paid not a subject of recovery

Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed aggrieved about non-payment of gratuity and pension after retirement.

Case Briefs High Courts

Chh HC | Can Human Rights Commission pass an order directing payment of compensation? HC answers in light of instant facts

Chhattisgarh High Court: Sanjay K Agrawal, J., dismissed the petition and sets aside the impugned order. The petitioner in the instant petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Specious Portfolio, Spurious Manager -Deceptive Portfolio Manager with a real-looking-fake website caught and handled suitably

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while exercising the powers under Sections 11, 11(4),11B (1) and

Op Eds OP. ED.

Class Action – An Obstacle Race for the Minority

by Karthik Seshadri†

Case Briefs High Courts

MP HC | Right to cross-examine a witness cannot be curtailed, Court holds trial court should be patient and tolerant in their approach towards the Trial Court lawyers

Madhya Pradesh High Court: Subodh Abhyankar, J., allowed a petition which was filed aggrieved by the order whereby the right of the

Case Briefs Supreme Court

Supreme Court directs NOIDA to pay Rs 36 crore compensation in a land acquisition dispute for illegally taking over excess land

Supreme Court: The Division Bench comprising of Rohinton Fali Nariman and B.R. Gavai, JJ., settled a decade-old land-acquisition dispute by directing NOIDA

Case Briefs Supreme Court

Judges should exercise restraint and avoid unnecessary remarks against conduct of the counsel: SC orders expunging adverse remarks against advocate with 17 yrs of standing at the Bar

Supreme Court: A Division Bench of R.F. Nariman and Hrishikesh Roy, JJ. directed that adverse comments recorded against the appellant─advocate in certain

Op Eds OP. ED.

Is Article 226(3) of the Constitution Mandatory or Directory?

by Dormaan Jamshid Dalal†

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Malice Intention to start something ‘other than insolvency’ nipped- Releases the Corporate Debtor from ‘rigors of CIRP and moratorium’

National Company Law Tribunal (NCLT): The Coram of Justice Abni Ranjan Kumar Sinha,(Judicial Member), and L.N. Gupta, (Technical Member) while exercising their

Case Briefs High Courts

P&H HC | Apparent case of greediness; HC imposes Rs 1 lakh cost on the son for attempting to oust his old-aged mother and usurp her property

Punjab and Haryana High Court: Calling it unfortunate, Arvind Singh Sangwan, J., dismissed the petition filed by a man who was trying

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Deliberate act of creating fictitious volumes distorting market equilibrium suffers a monetary penalty even in the absence of disproportionate gains

Securities and Exchange Board of India (SEBI): Maninder Cheema, Adjudicating Officer, while affirming the violations under Regulation 3 (a), (b), (c), (d)