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Celebrating a Legacy of 82 Years: EBC’s Founders’ Day and 100th Birth Anniversary of Shri P.L. Malik

Through decades of hard work, innovation, and perseverance, two brothers Shri C.L. Malik and Shri P.L. Malik built a legacy that would stand the test of time- built a trusted name in legal publishing and research, recognised for its reliability, accuracy, and integrity.

Case Briefs High Courts

Orissa High Court directs SBI to pay Rs. 1 Lakh compensation for not returning title deeds of mortgaged property after loan settlement

“Once the loan was resolved, there was no legal reason for the Bank to withhold the return of the title deed, regardless of the pending litigation. Therefore, the refusal to return the document is unjustifiable.”

Case Briefs Supreme Court

[Illegal felling of trees] Supreme Court calls for census of existing trees in Taj Trapezium Zone

The Supreme Court also emphasized that there needs to be a mechanism for keeping a vigil to ensure that there is no unauthorised felling of trees.

Case Briefs High Courts

Ban manufacturing, marketing & use of plastic with less than 120-micron: Meghalaya HC directs State

“Research and experience have shown that these plastic products have some very adverse impact on the eco-system and environment. Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems.”

Legislation Updates Notifications

RBI re-defines ‘Startup’ vide Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Fourth Amendment) Regulations, 2024

The 2024 Regulations have amended the meaning of startup in the explanations to Regulation 5 and Schedule I para 1 (vii) of the 2015 Regulations.

Case Briefs High Courts

Delhi HC issues notice to BJP member Amit Malviya after he initiated criminal defamation against RSS member

The RSS member relied on exception 10 to Section 356 of the Bharatiya Nyaya Sanhita, 2023 which elaborates that conveying a caution in good faith is not defamation.

Case Briefs Supreme Court

Read why Supreme Court dismissed NOIDA Special Economic Zone Authority’s appeal for claim of Rs. 6 Crore against corporate debtor

The claims pertaining to the transfer fees, etc., cannot be dealt with by courts or tribunals as the same relates to the commercial wisdom of the Committee of Creditors for they are the best persons to determine their interests, and any such interference is non-justiciable except as provided by Section 30(2) of IBC 2016.

Case Briefs High Courts

Delhi HC dismisses Revision Petition to challenge Order by ADJ holding suit for specific performance of oral agreement to sell maintainable

‘It is no longer res integra that to determine an application under Order VII Rule 11 of Civil Procedure Code, it is only averments made in the plaint that can be considered.’

Case Briefs High Courts

Awards rendered by MSME Council can be challenged under Section 34 of A&C Act and not under Art. 226: Orissa High Court

In the matter at hand, the appellant contended that the Council’s award ought to have been interfered with under Article 226/227 of the Constitution, as there was no conciliation in accordance with the procedure prescribed, a condition precedent for initiation of arbitration proceeding under Section 18 (3) of the MSMED Act.

Legislation Updates Rules & Regulations

CCI imposes a penalty of Rs. 213.14 crore on Meta for abusing its dominant position vide order dated 18-11-2024

The penalty by CCI was imposed in relation to WhatsApp’s 2021 Privacy Policy, which collected an expanded scope of data along with mandatory data.

Case Briefs High Courts

Primacy to experience over education qualification cannot be stretched to dilute educational criteria: Gujarat HC quashes Home Guard’s appointment

The State Government very conveniently ignored that the appointed District Commandant, Home Guard, (Class-I) will be supervising the duties of Home Guards and that a minimum qualification of 10th Standard has been prescribed.

Actions under Stage IV of GRAP (Severe+ Air Quality) in Delhi

Legislation Updates Notifications

GRAP Stage IV Actions to tackle ‘Severe+’ Air Quality Crisis as Delhi-NCR gasps for clean air

After the AQI of Delhi clocked at 457 on 17-11-2024, the Sub-Committee decided to implement all actions under Stage IV of the GRAP from 18-11-2024.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tap the untapped drains having gradient towards Adi Ganga River and releasing pollutants: NGT

Reportedly, the Adi Ganga River had dried up due to extreme heat resulting in 50-60 % of the river becoming waterless, and several dead fish emanating a foul smell. It was alleged that the death of the fish was due to chemical pollution emanating from Sonar Mandi where silver is refined with acid chemicals.

Case Briefs Supreme Court

SC warns Punjab & Haryana against inaction on stubble burning; Directs for recovery of penalty under S. 15 of Environment Act

The compliance reports filed by the Governments of Haryana and Punjab showed that there were a large number of farm fires. The Court found reluctance on the part of both Governments to act in terms of Section 14 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.

Case Briefs Supreme Court

Supreme Court expresses shock over Goa Govt. defending publication of HC Recruitment Rules different from CJ’s draft

The Goa State notification of High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2023 contained a prefatory statement that they were made by the Chief Justice of the Bombay HC in exercise of the power conferred under Article 229 of the Constitution.

Case Briefs High Courts

‘NH-6 is lifeline for Meghalaya, Tripura & Mizoram’; Meghalaya HC directs repair of badly damaged 5-km stretch within 2 weeks

“The authority should ensure that work done is of such quality that it is not easily damaged by rain and other weather conditions in future.”

Case Briefs Supreme Court

[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC

Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.

Case Briefs Supreme Court

Bulldozer actions against properties for simply being an accused or convict, unconstitutional; Executive cannot be a Judge and demolish properties: SC

“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”

Case Briefs Supreme Court

Rule 15(1) contravenes legislative intent of RPWD Act; SC directs Union to form mandatory rules to ensure accessibility of public places for disabled

“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”

Case Briefs Supreme Court

Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC

“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”