Ritu, Author at SCC Times

‘Special Judge failed to appreciate requirement of proving charge beyond reasonable doubt’; Calcutta High Court quashes conviction under Essential Commodities Act, 1955

Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.

Appointments & Transfers News

President appoints Advocate Somasekhar Sundaresan as an Additional Judge of the Bombay High Court

10 Months after Supreme Court Collegium re-recommendation, Advocate Somasekhar Sundaresan is appointed as Additional Judge of the High Court of Bombay

Know thy Judge

Justice M. Fathima Beevi, First Woman Judge of the Supreme Court of India, passes away

Former Supreme Court Judge, Justice Fathima Beevi took her last breath on 23-11-2023. Beyond her legal career, Justice Beevi was a beacon of hope for women’s rights, advocating for gender equality in all aspects of life. Her legacy extends beyond the courtroom, leaving an indelible mark on the societal fabric of India.

Case Briefs High Courts

Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution

The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.

Case Briefs High Courts

Calcutta High Court upholds West Bengal Medical Council election finding no ‘gross illegality’

The Calcutta High Court affirmed the petitioner’s locus standi, i.e., right to challenge the election process based on the infringement of rights as a registered medical practitioner.

Know thy Judge

Allahabad High Court bids farewell to its 50th Chief Justice, Justice Pritinker Diwaker

Justice Pritinker Diwaker, a distinguished legal luminary, has traversed a remarkable journey in the realm of law, to his current position as the Chief Justice of the High Court of Judicature at Allahabad. His illustrious career, marked by unwavering commitment and proficiency, spans over three decades, encompassing various facets of law and earning him acclaim for his contributions to the legal fraternity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.

Case Briefs High Courts

Blenders Pride v. London Pride | “No prima facie case”; Madhya Pradesh High Court refuses to pass temporary injunction in trademark infringement suit

“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Refusal to re-hear matter after reservation of order in company petition does not cause miscarriage of justice: NCLAT

“Debt acknowledgment in balance sheets and OTS proposal demonstrated Corporate Debtor’s awareness of assignment, rendering technical challenges unfounded.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Debt claim under Section 5(8) of IBC cannot be entertained after CoC’s approval of Resolution Plan: NCLAT

The NCLAT reiterated the importance of adhering to timelines in the Insolvency resolution process and the unacceptability of claims filed after the approval of the Resolution Plan by the CoC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| Doctrine of promissory estoppel cannot be applied against approved Resolution Plan: NCLAT

NCLAT upheld the Adjudicating Authority’s order on finding no error in rejecting the appellant’s objections to the Resolution Plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor’s early denial of liability indicates pre-existing dispute; rejection of the Section 9 application justified: NCLAT

While affirming the impugned order, the NCLAT granted the appellant option to pursue proceedings as per the agreement between the parties before an appropriate forum in accordance with the law.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Admitted Claim versus Security Interest’; NCLAT determines how to distribute Corporate Debtor’s assets to Secured Creditors

The NCLAT reiterated that Commercial wisdom of the CoC is crucial in determining the viability and feasibility of a resolution plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT issues notice in appeal against NCLT’s rejection of challenge to Lay-Off notice under Industrial Disputes Act

The main contention of the appellants is that the lay-off notice was not issued in accordance with the provisions of the Industrial Disputes Act, 1947.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge | Justice Satish Chandra Sharma

Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the Supreme Court Collegium recommended and Centre Government approved the appointment of Justice Satish Chandra Sharma as Judge of the Supreme Court of India.

Case Briefs High Courts

‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment

Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.

Appointments & Transfers News

Three new Judges of the Supreme Court of India take oath

Following the Collegium’s recommendation for appointment of Justice Satish Chandra Sharma, Justice Augustine George Masih, and Justice Sandeep Mehta as Judges of the Supreme Court of India, the Centre cleared the recommendation within 48 hrs.

Case Briefs High Courts

To what extent can Court interfere with arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996? Calcutta High Court determines

Calcutta High Court used the analogy of a doctor removing a poisoned leg to prevent the spread of poison throughout the body to illustrate the concept of severability in arbitral awards.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Belated claims, even if allegedly due to fraud, may not be admitted once Resolution Plan is approved: NCLAT

The NCLAT rejected Resolution Professional’s reliance on Section 17 of the Limitation Act, 1963, as no fraud was found on the part of the Corporate Debtor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Withdrawal of suit cannot be considered as failure of prior proceeding’; NCLAT rejects Section 9 application as being time-barred

A mere availability of arbitration or any other proceeding could not preclude the operational creditor from initiating proceedings under Section 9 of the IBC. The critical question would be whether the application was filed within the limitation period.