Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Employees entitled to Provident Fund and Gratuity Fund dues even if funds not available with Liquidator: NCLAT

NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.

West Bengal Panchayat Election 2023| Calcutta High Court slams SEC & State for non-cooperating with Centre on deployment of Central Forces

Calcutta High Court directed the Chief Secretary of the State of West Bengal to call for an urgent meeting to take policy level decisions with regards to the pertaining issue.

Case Briefs High Courts

Calcutta High Court resolves ‘Seat’ versus ‘Venue’ enigma when agreement confers ‘exclusive jurisdiction’ upon a court other than venue

Calcutta High Court dismissed the present petition on the grounds of lack of jurisdiction.

Case Briefs High Courts

Arbitrator’s view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court

Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor cannot constitute Committee of Creditors with a single Operational Creditor under IBC: NCLAT

NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.

Know thy Judge

Justice Krishna Murari: Harbinger of litigants’ rights, bids adieu to the Supreme Court of India

Justice Krishna Murari, who has been serving as a Judge of the Supreme Court of India, retires after an extensive career of 4.5 years. Prior to his appointment to the Supreme Court, he had served as the Chief Justice of the High Court of Punjab and Haryana and the Judge of the High Court of Judicature at Allahabad.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

“All that the court can hope is that the elections of the Panchayat to be held on 8th July, 2023 is peaceful and the public will be entitled to cast their vote without any fear in their mind.”

Case Briefs High Courts

Muck Dumping case: Himachal Pradesh High Court directed to initiate appropriate disciplinary action against responsible officials

“We are shocked to note from the affidavit of Engineer-in-Chief, HPPWD that five of the designated dumping sites are located in the catchment areas of the Nullah”.

Case Briefs High Courts

West Bengal Panchayat Elections 2023: Calcutta High Court upholds Single bench’s order quashing NHRC order appointing ‘Special Human Rights Observer’

The Single bench of the Calcutta High Court had earlier set aside the NHRC’s order to take a pre-emptive step and appoint a ‘Special Human Rights Observer’ to conduct an on-the-spot survey of the State of West Bengal and identify constituencies where violation is likely to occur during West Bengal Panchayat Elections.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application under Section 9 of the IBC is not maintainable in absence of strict proof of Debt and Default: NCLAT

“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”

Case Briefs High Courts

District Court must examine whether pre-deposit of 75% of award under Section 19 of the MSME Act is actually deposited: Himachal Pradesh High Court

Himachal Pradesh High Court set aside the impugned order and directed the District Court to decide the matter afresh.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Arbitration Proceedings’ and ‘IBC Proceedings’ cannot go on together; NCLAT upholds NCLT’s order rejecting Section 9 application

NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.

Case Briefs High Courts

[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case

Calcutta High Court in an interm order stayed the CBI probe till the final order.

Case Briefs High Courts

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.

Case Briefs High Courts

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.

Case Briefs Tribunals/Commissions/Regulatory Bodies

While admitting application under Section 7 of the IBC, existence of Debt and Default needs to be examined not ‘Quantum of Debt’: NCLAT

“In the instant case, the record establishes that there is a ‘debt’ and a ‘default’ and the Application is complete and the Adjudicating Authority has rightly admitted the Application under Section 7 of the Code.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Resolution Professional keep claims in abeyance during pendency of Corporate Debtor’s counter claim before arbitrator? NCLAT Answers

While dismissing the present appeal, the NCLAT held that appellant’s prayer pertaining to admission of the claim cannot be acceded to in the ‘eye of Law’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT

The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Transition between the parties should be direct to construe the debt as ‘Financial Debt’ under Section 5(8) of the IBC: NCLAT

Amount taken by the Directors of the Corporate Debtor in their personal capacity cannot be construed as ‘Financial Debt’ under S. 5(8) of the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether prior approval of RBI is required by an Asset Reconstruction Company for participating as Co-Resolution Applicant under IBC? NCLAT Answers

NCLAT observed that the principal objective of the IBC is ‘revival of the Corporate Debtor and Resolution’ and therefore “Liquidation ought to be the last resort, keeping in view the scope and spirit of the Code.”