Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Buy-Out of one Group by other a preferred remedy to resolve deadlock in equal shareholding companies: NCLT

The instant matter revolved around a deadlock in management caused by alleged financial mismanagement and oppressive actions by the respondents.

Case Briefs High Courts

Rajasthan High Court quashes order reducing Grants-in-Aid of Educational Institutions; says it affects Students’ education

“Even while passing administrative order having civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.”

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Vikram Nath

Justice Vikram Nath, a fourth-generation legal luminary and sitting Judge of the Supreme Court of India, is likely to become Chief Justice of India for seven months in 2027.

Case Briefs High Courts

Rajasthan High Court upholds the method of redistributing marks of deleted questions within same subject in Accountant Exam

“Deletion of questions from a particular subject and distribution of their marks proportionately in the remaining questions of the same subject does not make any discrimination between the candidates.”

Case Briefs High Courts

J&K High Court cautions authorities against misusing Preventive Detention powers at cost of mocking the Constitution

“There is no iota of doubt that the preventive detention of the petitioner is a sheer abuse of jurisdiction of preventive detention under the Jammu & Kashmir Public Safety Act, 1978.”

Case Briefs High Courts

Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Trial

“Whether the proceeding against the accused shall be called as prosecution or it would be a persecution. Whether it’s a persecution or be it a prosecution but in anyway it must come to an end within a reasonable period.”

Case Briefs High Courts

[Right to fair & speedy trial] Rajasthan High Court quashes corruption charges against 100-year-old man and his 96-year-old wife due to 18-years Trial delay

“The absence of any progress, despite the charge sheet being filed in 2014, raises serious concerns about the administration of justice. Such delay undermines the legal principle that justice delayed is justice denied.”

Case Briefs High Courts

Mere pendency of criminal case, where negative final report has been filed, not a ground to refuse passport: Rajasthan High Court

The Court held that the petitioner’s case is not covered by the expression “proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suspension of CIRP for defaults during Pandemic under Section 10-A IBC does not apply to personal guarantors: NCLT

NCLT held that the Resolution Professional followed the principles of Natural Justice and considered relevant documents, therefore, the Personal Insolvency Resolution Process should be initiated.

Case Briefs High Courts

Loan taken voluntarily after separation not to be considered while calculating quantum of maintenance: MP High Court

In the instant matter, the husband deliberately took loan after the separation to bring down his net take home salary, therefore, the Court held that it cannot be considered as statutory and mandatory deduction.

Case Briefs High Courts

Well-qualified wife should not remain idle and dependent on maintenance from husband: MP High Court

“Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

All women employees entitled to 180 days Maternity Leave, irrespective of nature of employment: Rajasthan High Court

“Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms and professional roles.”

Case Briefs High Courts

Rajasthan High Court permits accused to travel abroad to attend daughter’s engagement ceremony; upholds Right to personal liberty

“Virtual presence cannot substitute the physical presence of a father at his daughter’s engagement, which is a once-in-a-lifetime event for both father and daughter.”

Case Briefs High Courts

MP Municipalities Ordinance amending ‘period to move no-confidence motion against Municipal Council Head’ has retroactive operation: MP High Court

The Court criticised the state of uncertainty among various officers due to inconsistent application of the Ordinance and suggested that the State Government should have provided clarity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Money advanced for clearing land title is an investment, not financial debt under Section 5(8) of the IBC: NCLAT

The NCLAT reinforced that not all financial transactions qualify as financial debts under the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding under Section 95 IBC can’t be continued against legal heirs after personal guarantor’s death: NCLT

“The term “personal guarantor” is defined under Section 5(22) of the IBC as “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor.”

Case Briefs High Courts

POSH| Sub-Inspector’s transfer, merely on account of pendency of Internal Committee proceedings, unjustified: MP High Court

“The intervenor created an impossible situation of stalemate in herself, bringing the proceedings of the ICC to a standstill and demanding reconstitution of committee which is not contemplated under the POSH Act.”

Hot Off The Press News

J&K High Court issues Fresh Guidelines to reduce pendency of 5-year-plus old cases in District Judiciary

Action Plan for the year 2023-24 for District Judiciary in the UTs of Jammu & Kashmir and Ladakh — Additional Guidelines & Formation of ‘District Case Management System Committee’.

Case Briefs High Courts

Minor girl’s marriage to adult constitutes mental and physical Cruelty, a ground for divorce under Section 13 of Hindu Marriage Act: MP High Court

The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations

Case Briefs High Courts

MP High Court directs CBFC to consider objections before giving Clearance Certificate to Film “Emergency”

The film “Emergency” is set during the 1984 Emergency under former Prime Minister Indira Gandhi and contains scenes violating the Sikh community’s fundamental rights and potentially leading to discrimination and wrongful labelling of young Sikh children who wear turbans as ‘Khalistanis’.