Ritu, Author at SCC Times

Husband acquiring property in wife’s name does not necessarily imply Benami transaction: Calcutta High Court

It is a well-settled principle that “burden of showing that a transfer is a benami transaction always lies on the person who asserts it.”

Case Briefs High Courts

[Illegal encroachment] Vendors selling motor parts in market area are not Hawkers: Calcutta High Court

The High Court questioned Kolkata Municipal Corporation and police authorities as to why they are unable to regulate or evict the hawkers.

Case Briefs High Courts

Madhya Pradesh High Court quashes FIR lodged under Section 377 IPC against Former Minister Raghavji

The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Go Airlines insolvency: NCLAT approves appointment of new Resolution Professional by CoC

NCLAT directed the new Resolution Professional to protect the assets of the Corporate Debtor as required under S. 25(1) of the IBC

Case Briefs High Courts

Allegations in FIR against rape accused cannot be considered as abetment of suicide: Madhya Pradesh High Court

Madhya Pradesh High Court quashed the FIR and consequential criminal proceedings arising thereafter.

Case Briefs High Courts

Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court

The principles of natural justice get violated if the opportunity afforded to submit reply is not an effective opportunity.

Case Briefs High Courts

“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application

Without questioning the validity and legality of the arbitration clause, the Calcutta High Court appointed an Arbitrator to decide the issues raised by both the parties.

Case Briefs High Courts

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court

LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does NCLAT have power to review or recall its judgment? NCLAT 5-member bench answers

A 5-member bench overturned two judgments delivered by 3-judge bench which held that the NCLAT does not have the power to review or recall its own judgements.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational creditor cannot seek to initiate CIRP against Corporate Debtor when real dispute exists: NCLAT

The NCLAT set aside Adjudicating Authority’s order initiating CIRP of the Corporate Debtor.

Case Briefs High Courts

Can time limit for filing written statement be extended? Calcutta High Court explains

The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.

Case Briefs High Courts

Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court

“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding can be restored when Consent term entered between parties includes a revival clause: NCLAT

“When consent term itself contains clause for revival, non-giving liberty specifically for revival by the Adjudicating Authority is inconsequential”, held NCLAT

Case Briefs Tribunals/Commissions/Regulatory Bodies

Section 74 of Contract Act has no application on Public Auction conducted under the Liquidation Process Regulations, 2016: NCLAT

NCLAT observed that in the instant matter “there was no title defect in the Corporate Debtor”.

Know thy Judge

Know Thy Judge | Justice M. S. Ramachandra Rao, the 28th Chief Justice of High Court of Himachal Pradesh

Sworn in as 28th Chief Justice of the High Court of Himachal Pradesh on 30-05-2023, Justice M. S. Ramachandra Rao also served as a Judge of the High Courts of Punjab and Haryana State of Telangana.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Corporate Debtor raise issue of pre-existing dispute if there is no evidence of any lacuna prior to demand notice? NCLAT answers

“The Adjudicating Authority does not appear to have committed any error in holding the alleged disputes claimed by the Corporate Debtor to be feeble as it is not supported by credible evidence.” NCLAT

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Manoj Misra

Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT modifies Rs Ten Lakh cost for being highly excessive

While speedily and effectively disposing off the present appeal, the NCLAT modified the imposed cost from Rs. 10,00,000/- to Rs. 1,00,000/- for the restoration of the company’s name in the register maintained by the ROC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No benefit to Corporate Debtor, if Criminal Proceedings were initiated after receipt of Demand Notice: NCLAT upholds NCLT’s order

While upholding NCLT’s order the NCLAT held that in the present case there is a debt which remained unpaid by the Operational Creditor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once a document admitted as evidence cannot be objected at a later stage: NCLAT

NCLAT held that once a document is relied upon as evidence and not objected to, it cannot be rejected or ignored.