Ritu, Author at SCC Times

‘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.

Appointments & Transfers News

SC Collegium recommends appointment of 3 Chief Justices of High Courts as Judges of the Supreme Court of India

Following a meticulous assessment of the qualifications, the Collegium on 06-11-2023, recommended the names of the Justice Satish Chandra Sharma, Justice Augustine George Masih, and Justice Sandeep Mehta, Chief Justices of High Courts of Delhi, Rajasthan and Gauhati respectively, to be elevated as Judges of the Supreme Court.

Case Briefs High Courts

Criminal Justice| Madhya Pradesh High Court directs integration of “SANDES APP” and ICJS for witness protection and improved communication

The overarching objective of the previously issued orders is to expedite the trial process and provide protection to victims and witnesses in heinous offenses.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Single Real Estate Allottee cannot trigger Insolvency Proceedings under Section 7 of IBC: NCLAT

The underlying claim of an aggrieved party, such as an allottee, is crystallized in the form of a court order or decree, and this does not alter or disturb their status as financial creditors.

Case Briefs High Courts

Calcutta High Court refuses to interfere with order reducing security deposit in vessel MT TSM Pollux arrest case

In a case related to modification of a security order related to the arrest of a vessel and claim for damages due to business losses, the Calcutta High Court ruled in favour of respondent, but acknowledged the appellant’s prima facie case for damages.

Case Briefs High Courts

“No caprice or arbitrariness”; Calcutta High Court upholds notification for MR Distributorship vacancy

Calcutta High Court emphasised that the declaration of new vacancies should be guided by the interests of the ultimate beneficiaries and the need to ensure efficient operation of the public distribution system.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim

The democratic principles of the determinative role of majority opinion are enshrined in the IBC, and objections by a minority within a class, when the majority has approved a resolution plan, have no legal standing.

Case Briefs High Courts

‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment

Calcutta High Court held that the physical possession of the land was not given to the petitioners, and no lease deed was executed in their favor, leading to the conclusion that they were in permissive possession.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Irrevocable and unconditional bank guarantees can be invoked during moratorium period: NCLAT

“The ‘Bank Guarantee’ is a ‘contract of Guarantee’ provided/furnished by the Bank, the “surety”, to perform the ‘promise’, or ‘discharge’ the liability, of the third person, being the Corporate Debtor herein, in case of his ‘default’.”

Know thy Judge

Meghalaya High Court bids farewell to its 11th Chief Justice, Justice Sanjib Banerjee

Justice Sanjib Banerjee’s journey from his early education to becoming a distinguished jurist with a legal career spanning over 3 decades and extensive tenure of 17 years as a Judge is a testament to his unwavering commitment uphold the principles of justice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT can’t impose fine on suspended directors for non-cooperation under Sections 19(2) or 34(3) of IBC: NCLAT

The Adjudicating Authority erred in passing the impugned order, directing the imposition fine, overlooking the law of the land through the Insolvency and Bankruptcy Code, 2016.

Case Briefs High Courts

‘Reputation is a crucial factor in society’; Calcutta High Court grants ad interim injunction restraining posting of defamatory content

Right to freedom of speech and expression does not confer right in absolute form to tarnish someone’s image and reputation which he/she owns in the society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Timelines are of great significance in IBC’; NCLAT dismisses condonation of delay application

Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.

Case Briefs High Courts

Calcutta High Court directs Competent Authority to enquire alleged irregularities in Diamond City West Apartment Owners’ Association

The Competent Authority’s power to act on complaints is not limited to complaints made by the Association or a majority of its members, it also extends to cases where the Association or its top management might be involved in the alleged wrongdoings

Case Briefs High Courts

Calcutta High Court quashes unauthorised construction charge under Section 401A of KMC Act, 1980

If the complaint’s allegations and the evidence collected do not disclose the commission of any offense, and if they fail to make a case against the accused, the Court can quash the alleged complaint to secure the ends of justice.

Case Briefs High Courts

Eviction Decree based on reasonable requirement valid even without considering ground of building/rebuilding: Calcutta High Court

“A respondent without filing cross objection can canvass the correctness of finding against him in order to support the judgment that has been passed against the appellant.”