Case Briefs Archives

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 High Courts

Delhi High Court directs MCD to conduct regular monitoring of Azad Market, Delhi to identify persons violating fire norms

“In the future if stray individual cases of unauthorized and illegal construction are found dotting Azad Market, Delhi, petitioner may approach the Special Task Force constituted by the Ministry of Housing and Urban Affairs, Government of India.”

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.

Case Briefs High Courts

[Forum Shopping] Filing anticipatory bail application, while a regular bail application is pending, is misuse of Court’s process: Allahabad HC

Allahabad High Court said that the applicant is used to filing multiple applications and petitions at various forums including the High Court. These acts are a classic example of forum shopping, and it cannot be permitted to keep on going so eternally.

Case Briefs High Courts

Bombay High Court refuses interim relief against production of Goodachari 2

“Ordinarily, once a finding is rendered that no prima facie case is made out, no discussion is warranted on the aspects of grave and irreparable loss and balance of convenience.”

Case Briefs High Courts

Delhi High Court upholds Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2021

“Petitioner has not controverted this categorical assertion and never sent in any objections, comments, or suggestions in response to these draft regulations. Rather, at this stage, after finalization of the 2021 Regulations, challenge is being raised on non-existent and invalid grounds.”

Case Briefs Supreme Court

[Non-Disclosure of Criminal Antecedent] Supreme Court directs appointment of judiciary aspirant to post of civil judge with seniority from date of selection

“The nature of the offence against the petitioner is itself an extremely minor offence under IPC. For the non-disclosure of this offence, she has already suffered since in the first round of selection in 2017. To punish her again for the same reason in the next selection process is not justified.”

rectification petition specific challenge trade mark

Case Briefs High Courts

[Oreo v. Fabio] Specific challenge to validity of mark to be made u/s 124 of Trade Marks Act, 1999 to ascertain prima facie tenability of challenge: Delhi High Court

“A party can only seek permission from a Court to reserve its rights to urge a challenge at a later point of time. For that, such rights must be in existence in praesenti, when the plea is made, or should be foreseeable as arising in the future.”

Case Briefs High Courts

[Contempt of Court] Allahabad High Court directs contemnors to annex copy of this order to disclose before Courts their previous conduct in future proceedings

“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”

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 High Courts

Explain pros and cons of medical termination of pregnancy in rape cases, in Hindi or English: Delhi High Court

“Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from doctors who examine such victim and explain to them the pros and cons.”

Case Briefs High Courts

Delhi High Court directs State, Delhi Jal Board and MCD to comply with Supreme Court directions for enforcement of PEMSR Act, 2013

The present petition was filed for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The issues involved in the present cases stand concluded on account of the judgment delivered by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386.

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

Armed with iron rod but gave leg and fist blows; Punjab and Haryana High Court grants pre-arrest bail in a murder case

Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.

Case Briefs High Courts

Delhi High Court imposes cost on Union of India for lackadaisical approach while dealing with a 96-year-old freedom fighter

A 96 years old freedom fighter has been made to run from pillar to post to get his rightful pension. The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government.

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

Terms contained in approved Resolution Plan also binding on stakeholders who can file claims, but did not do so: Delhi High Court

“The respondent, having failed to lodge its claim, cannot enforce the impugned orders and notices, given the binding nature of the approved Resolution Plan.”

Case Briefs High Courts

Delhi High Court declares ‘NEW BALANCE’ and ‘NB’ marks as well-known trade marks

“The mark “NEW BALANCE” is a unique combination of two distinctive words i.e., “New” and “Balance” which have no connection, allusion, or description of the products of the services offered by plaintiff and the logo is also quite distinctive.”

interim relief to Journalists over Article on Adani Group

Case Briefs Supreme Court

“No coercive steps against Journalists summoned by Crime Branch for article on Adani Group”; SC grants interim relief

An article titled “Documents Provide Fresh Insight Into Allegations of Stock Manipulation That Rocked India’s Powerful Adani Group” was published on the Organized Crime and Corruption Reporting Project (‘OCCRP’) website.

Case Briefs High Courts

No mental stability examination in habeas corpus petition for mother daughter duo alleged of influence under black magic: Gujarat HC

“Practicing black magic can be a personal choice, and the Court cannot delve into such issues in a habeas corpus petition”.