[Zee-Sony merger] NCLAT sets aside NCLT order directing stock exchange to reconsider approval
NCLAT set aside the NCLT’s order and remitted back the matter to NCLT to examine the same after hearing both the parties.
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Know Thy Judge | Supreme Court of India: Justice Abhay Shreeniwas Oka
Looking into Justice Abhay S. Oka’s life, career and important judgments which have been instrumental in protecting the rights of marginalized communities and promoting freedom of expression, thereby making him a harbinger of social change and preserver of administrative accountability.
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Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused
The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.
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Whether an application filed under Section 7 IBC by Financial Creditor is barred by Section 10A IBC? NCLAT Answers
NCLAT held that benefit under S. 10-A of IBC can only be claimed when default occurs during prohibited period – ‘05-03-2020 to 25-03-2021’.
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Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court
“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”
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Appointment of Arbitrator during pendency of reference before MSME Facilitation Council is contrary to MSMED Act: Calcutta High Court
“…being a special statute the MSMED Act will have an overriding effect vis-à-vis the Arbitration and Conciliation Act, 1996.”
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Threshold limit includes both principal amount and interest under IBC; NCLAT set aside NCLT’s order
NCLAT held that the Adjudicating Authority committed error in rejecting the S. 7 application for not fulfilling ‘threshold’ when Deed of Guarantee mentions about the interest on default.
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Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator
The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.
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Justice Dinesh Maheshwari, a First-Generation Judge with a Legacy of Legal Excellence, retires
Justice Dinesh Maheshwari who is serving as a Judge of the Supreme Court of India, retires today after an extensive career of 4 years. Prior to his appointment to the Supreme Court, he had served as the Chief Justice of the High Court of Karnataka and the Chief Justice of the High Court of Meghalaya.
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Death due to mosquito bite not ‘accident’; Calcutta High Court upholds Insurance Company’s decision
“The (buzz) word is that Mosquitoes are simply everywhere — in pools, parks, movie theatres and convention centres — pests! Perhaps the time has finally come to use cannons to kill mosquitoes.”
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NCLT admits Go Air insolvency plea
A creditor has limited grounds to object to S. 10 of IBC application.
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[Harmonious Construction] Section 529A of Companies Act, 1956 would prevail over Income Tax Act, 1961: Madhya Pradesh High Court
“…the Act of 1956 is a special Act which govern the law regarding companies only whereas IT Act is a general Act which percolates in just about every sphere of life and is applicable to all the citizen of India when it comes to payment of Income Tax.”
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NCLT imposes exemplary cost of ₹ 5 Lakhs on Trimex Industries (P) Ltd for filing frivolous litigation
NCLT imposed cost to restain Trimex Industries (P) Ltd. from filing frivolous applications which consume Tribunal’s valuable resources and time.
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Intent of Corporate Debtor irrelevant in establishing existence of preferential transaction: NCLAT
There is no need to prove any fraudulent intent for a preferential transaction as per S. 43 of the IBC.
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What is the rule for settlement after constitution of ‘Committee of Creditors’? NCLAT Answers
“Any settlement after passing of the impugned order and after constitution of the CoC is only permissible when the same is approved with 90% vote share of CoC.”
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[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court
JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.
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[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case
“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.
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Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court
Calcutta High Court held that an arbitrator unilaterally appointed by one party lacks inherent jurisdiction to adjudicate disputes between both the parties.
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No embargo on Operational Creditor to file application u/S 9 IBC, even if agreement has an arbitration clause: NCLAT
The scope and objective of the Code is ‘Resolution’, and not a ‘Recovery Mode / Forum’.
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Mitigating factors should be considered while imposing penalty for anti-competitive behavior: NCLAT imposes 1% penalty of the turnover on Geep Industries
“…penalty @1% of the turnover for each year of continuance of the cartel would be appropriate penalty in keeping with the extent and seriousness proportionality of the anti-competitive behavior of Geep Industries.”.
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