Case Briefs Archives

Borrower to pre-deposit 50% of the “debt due” including ‘interest’ under Section 18 of SARFAESI Act: Supreme Court

The Court was called upon to decide as to while calculating the amount to be deposited as predeposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit and whether while calculating the amount of “debt due”, the amount deposited by the auction purchaser on purchase of the secured assets is required to be adjusted and/or appropriated towards the amount of pre-deposit to be deposited by the borrower under Section 18 of the SARFAESI Act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT stays Notification of Ministry delegating the appraisal of Impact Assessment to Local Bodies

The Tribunal stayed the operation of notification issued by MoEF&CC modifying the EIA regime in respect of construction projects with built up area more than 20,000 sq. meters to 50,000 sq. meters and industrial sheds, educational institutions, hospitals and hostels for educational institutions more than 20,000 sq. meters upto 1,50,000 sq. meters.

Case Briefs High Courts

Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict

The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No inconsistency between Section 33 IBC and Section 11-B of the Central Excise Act, 1944; NCLAT partly allows appeal

In the present case, a Liquidator filed an application before for release/refund of unlawful payment by the applicant. The Tribunal, partly allowing the appeal, upheld the refund of the amount of Rs.25,46,588/- and of the amount of Rs.1,08,797/- as no application for refund was filed for the said amount.

Case Briefs High Courts

[Illegal Bulldozing of Houses] | “State of Assam must now take appropriate action to compensate the persons affected by illegal demolition of their houses”: Gauhati High Court

The Gauhati High Court had taken suo motu cognizance of the allegation that house belonging to one of the citizens of Nagaon, was bulldozed by an order dated 13-12-2022

Case Briefs Supreme Court

“Cannot uproot 50,000 people overnight”; Supreme Court stays Haldwani Eviction

A workable arrangement had to be arrived at to segregate people who may have no rights in the land and those who have, coupled with rehabilitation schemes

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Once the resolution plan is submitted for approval, it is binding between the Committee of Creditors and successful resolution applicant

NCLAT while deciding the appeal held that the CoC after approving the resolution plan cannot seek direction from Adjudicating Authority to consider the new resolution plan of a third party who was not a part of the CIRP as it would fall outside the timeline and defeat the very scope and objective of the Code.

Case Briefs High Courts

[JJ Act] Bombay High Court issues notice to the Publisher and Editor of Mid-Day for alleged publication of name and photographs of the child in conflict with law

Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant

Case Briefs Tribunals/Commissions/Regulatory Bodies

[DSSSB] CAT, Delhi directs State to constitute an expert body to examine the Answer Key for question paper for the post of Librarian

Central Administrative Tribunal, Delhi: In an original application filed by the applicant seeking to quash the answer key for Questions

Case Briefs High Courts

Delhi High Court | Marks under ‘Swiss Military’ ineligible for trade mark registration Delhi High Court

The Delhi High Court allowed an appeal moved by the Armasuisse (Federal Agency of the Swiss Federation) and held that the marks ‘white cross on black background’, ‘white cross on red background’ and ‘SWISS MILITARY’ were all ineligible for trade mark registration in respect of textiles as it might suggest link to Swiss military establishment.

Case Briefs High Courts

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Date of default cannot be strictly construed as the date of Non-Performing Assets

In the instant matter, the Adjudicating Authority dismissed S. 7 IBC application on the ground of limitation and the Tribunal acknowledged that there was default and debt, and the application is not barred by limitation.

Case Briefs High Courts

Purchase orders do not in any manner supersede the contract between the parties; Delhi High Court holds arbitration clause in contract valid

The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.

Case Briefs High Courts

Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy

In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’

Case Briefs Tribunals/Commissions/Regulatory Bodies

Service tax not payable for ‘deemed sales’; CESTAT sets aside the order passed by the Commissioner LTU, Delhi

The supply of ISO Tankers on lease/rental basis by foreign suppliers to the appellant would amount to a ‘deemed sale’ under Article 366(29A) of the Constitution as the appellant throughout had effective control and possession over the ISO Tankers.

Case Briefs High Courts

[Congress MPs Mass Resignation] Rajasthan High Court seeks decision of Speaker of the House in 10 days

Moot point for consideration in the case was to examine the total amount of time the Speaker of the House should take to discharge his statutory obligation. The Court granted 10 days’ time to file a reply

Case Briefs Supreme Court

Supreme Court sets aside Allahabad High Court order in a civil matter guised as a criminal proceeding

The Supreme Court expressed its displeasure by the attempts made by parties to invoke jurisdiction of criminal courts, by filing vexatious criminal complaints by camouflaging allegations which were ex facie outrageous or pure civil claims.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Information under section 2(f) refers to material already available with public authorities; CIC reiterates

A combined reading of the provisions of the RTI Act and the observation of the Supreme Court crystalizes the interpretation and meaning of the word ‘information’ as defined in the section 2(f) of the Act which only refers to such material as is already available in the records of the public authority.

Case Briefs High Courts

Law does not allow husband to take wife’s articles without her consent and knowledge: Delhi High Court dismisses pre-arrest bail application

The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.

Case Briefs High Courts

Can Courts re-appreciate evidence under Section 34 of the Arbitration Act and treat High Courts as regular first Court of Appeal? Sikkim High Court answers in Negative

The Court observed that the Tribunal after holding that there was a fundamental breach of contract, factored in the contributory delay caused by the appellant and fairly awarded ‘Loss of Profit’ by slashing it to 50% of the original claim put forth by the appellant.