Editor, Author at SCC Times

Op Eds OP. ED.

Resolution is Always Preferable to Liquidation

by Ivan† and Vivek Mathur††

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Trademarks: Distinctiveness is an Exception of Descriptiveness

by Tejas Singh*

Case Briefs High Courts

P&H HC | “Unholy Alliance”; HC denies protection to married woman who was residing in live-in with another man

Punjab and Haryana High Court: Calling it “unholy alliance”, Sant Parkash, J., denied protection to a married woman who was residing in

Case Briefs High Courts

J&K and Ladakh HC | “Specific mention of particular Court at particular place excludes jurisdiction of other courts”, says HC while addressing syllogistic issue of ‘venue’ and ‘seat’ of arbitration

Jammu & Kashmir and Ladakh High Court: Tashi Rabstan, J., while addressing the syllogistic issue of ‘venue and ‘seat’ of arbitration dismissed

Case Briefs Foreign Courts

SL CoA | Delay is a fatal error that would cause an application to be dismissed in limine; Revisionary power cannot be invoked due to callous disregard

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Menaka Wijesundera and Neil Iddawala JJ., dismissed

Case Briefs High Courts

Gau HC | “Both victim and accused are State’s future assets”; HC grants bail to IIT student accused of raping his junior

Gauhati High Court: Ajit Borthakur, J., granted bail to an IIT student accused of raping his junior. The Bench stated, “Both the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Matter getting protracted, defeating the purpose of IBC; Orders NCLT to pass orders ‘one way or the other’

National Company Law Appellate Tribunal (NCLAT): The Coram of Judicial A.I.S. Cheema (The officiating Chairperson) and Dr Alok Srivastava (Technical Member) while

Case Briefs High Courts

Guj HC | State Authorities cannot be permitted to resort to stringent provisions like detention under PASA; Court allows petition

Gujarat High Court: Paresh Upadhyay, J., allowed the petitions which were filed apprehending detention under PASA in connection with the Complaint filed

Case Briefs Supreme Court

Supreme Court directs Madhya Pradesh HC to immediately decide validity of 100% reservation in more than 600 P.G. medical seats

Supreme Court: The Division Bench of L. Nageswara Rao and B. R. Gavai, JJ., directed the Madhya Pradesh High Court to immediately

Case Briefs High Courts

Ker HC temporarily suspends sentence of imprisonment to allow the applicant to perform religious rites and rituals of his deceased mother

Kerala High Court: The Division Bench comprising of K. Vinod Chandran and Ziyad Rahman A.A., JJ., temporarily suspended the sentence of the

Op Eds OP. ED.

Guarantors: The Unspoken Exception to the Clean Slate Theory

by Amir Bavani* and Rhea Jayakumar**

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | With no prospects, substance and bleak chances of recovery, Resolution Professional seeks liquidation — With its acceptance, Nirav Modi’s Firestar dooms

National Company Law Tribunal (NCLT): The Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) while allowing the

Case Briefs High Courts

Guj HC | Appellate court’s reasoning of non-examination of scribe of Will wrong; Court allows appeal calling it serious error of law

Gujarat High Court: A.P. Thaker, J., allowed a petition which was filed aggrieved and feeling dissatisfied with the judgment and decree of

Case Briefs High Courts

J&K and Ladakh HC dismisses quashment petition of a person accused of causing detention of detenue by BSF due to personal enmity; allows bail application

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., refused to quash trial against the petitioner who had been facing trial

Case Briefs Supreme Court

[Women in Army] Supreme Court issues interim direction allowing women to participate in NDA exams

Supreme Court: Taking a significant step towards gender equality, the Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., issued interim

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can input services used by the provider of taxable service for providing output service be covered by the exclusion clause? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): SS. Garg (Judicial Member) allowed appeals which were filed after the rejection of refund

Case Briefs High Courts

P&H HC | Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce

Punjab and Haryana High Court: G. S. Sandhawalia, J., allowed the application for waiving off the mandatory period of six months for

Case Briefs Supreme Court

Is officer-in-charge obligated to arrest each and every accused at the time of filing chargesheet? SC answers in negative, holds it is contrary to intent of S. 170 CrPC

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. has held that if the Investigating Officer does not

Case Briefs High Courts

Raj HC | Judgments cited by the applicant cannot be made basis as a precedent to infer that the balance of convenience always lies in favour of the wife; Transfer petition allowed

Rajasthan High Court: Rameshwar Vyas, J. allowed the transfer petition and transferred the matter to the Family Court, Ajmer. The instant transfer

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Acknowledgment’ is based on neighboring circumstances and has nothing to do with the form-Rejects Appeal

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Venugopal M (Judicial Member) and V.P. Singh (Technical Member) while setting aside