Case Briefs Archives

Del HC | NCLT and NCLAT directed to regulate their own procedure for virtual hearing platforms so long as it is ensured that if any particular party requests for a link, same would be considered in a fair, transparent and non-arbitrary manner

Delhi High Court: Prathiba M. Singh, J., addressed a concern wherein it was stated that the NCLAT and NCLT ought to have

Case Briefs Supreme Court

Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court

“In all future cases, NCLT would have to be wary of setting aside valid contractual terminations which would merely dilute the value of the corporate debtor, and not push it to its corporate death by virtue of it being the corporate debtor‘s sole contract.”

Case Briefs Supreme Court

COVID-19| ‘Country is returning to normalcy; Courts/Tribunals are functioning’; Supreme Court ends extension of limitation period for filing petitions/applications/suits/appeals, etc.

“We are of the opinion that the order dated 15.03.2020* has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”

Case Briefs International Courts

Real Madrid and Barcelona state-aid case, European Court of Justice says the football clubs unlawfully availed tax break for 20 years

European Court of Justice (ECJ): The Court of Justice comprising of E. Regan (Rapporteur), K. Lenaerts, President, M. Ilešič, C. Lycourgos and

Case Briefs High Courts

Kar HC | Whether the termination/cancellation of contract of the petitioner on the ground of the petitioner seeking maternity leave is justified? HC analyses

Karnataka High Court: M. Nagaprasanna J. set aside the impugned order and allowed the petition. Facts The facts of the case are

Case Briefs High Courts

Megh HC | Grant of injunction cannot be claimed by a party as a matter of right nor can it be denied by the Court arbitrarily; Court dismisses petition on the question of effective possession

Meghalaya High Court: H. S. Thangkhiew, J., dismissed a petition which was filed aggrieved by the order of the Trial Court by

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Employer is entitled to withhold payment of gratuity even after the employee had attained his superannuation; Tribunal reiterates legal position

Central Administrative Tribunal (CAT): Aradhana Johri, Member (A), partly allowed the instant application whereby the applicant had sought for issuance of directions

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | SEBI pulls up entities for fraudulent trading practices: Imposes ₹ 80 lakh fine

Securities and Exchange Board of India (SEBI): Maninder Cheema, Adjudicating Officer, imposed a total fine of Rs 80 lakh on eight entities

Case Briefs Supreme Court

Aim of every Court is to discover the truth but it should be done judiciously; Recording of reasons for reversal of lower court’s decision vital: SC

“Wider the power, greater is the necessity of caution while exercise of judicious discretion”;

Case Briefs Supreme Court

Reservation and filling up of backlog vacancies: SC explains applicability of Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016

Supreme Court: In the case relating to appointment to the post of Post Graduate Assistants in Chemistry departments for the year 2018-2019

Case Briefs High Courts

Ori HC | Power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest or to decide contractual disputes

Orissa High Court: B.P. Routray J. dismissed the petition on the ground that cancellation of the tender cannot be said to have

Case Briefs High Courts

Kar HC | Addition of a new ground of defence or substituting or altering defence or taking inconsistent pleas in written statement would not be objectionable, while adding, altering or substituting a new cause of action in the plaint may be objectionable

Karnataka High Court: Krishna S. Dixit J. set aside the impugned order and allowed the petition. The facts of the case are

Case Briefs High Courts

Ker HC | “Striking workers cannot resort to strong-arm tactics and violence”; HC explains the ambit of Right to Protest

Kerala High Court: Raja Vijayaraghavan V, J., addressed the instant petition alleging illegal and unorganised exercise of right to strike. The Bench

Case Briefs High Courts

Tri HC | Every State and local authority to provide adequate facilities for instruction in mother tongue at the primary stage of education to children belonging to linguistic minority groups? Court decides on PIL

Tripura High Court: The Division Bench of Akil Kureshi, CJ., and S.G. Chattopadhyay, J., decided upon a petition in the nature of

Case Briefs High Courts

Gau HC | [Artificial Ripening of Fruits] HC considers health hazards; lays down detailed guidelines to ensure chemical-free ripening of fruits

Gauhati High Court: In an interesting case of PIL concerning artificial ripening of fruits, the Division Bench of Achintya Malla Buhor Barua

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘As is where is basis, as is what is basis, whatever there is basis’; A super imposed condition in auctions | Reiterated again

National Company Law Appellate Authority Tribunal (NCLAT), New Delhi: The Bench of Justice Bansi Lal Bhatt (Acting Chairperson), Shreesha Merla (Technical member)

Case Briefs Supreme Court

“Recruitment to public services must command public confidence”; Supreme Court upholds cancellation of DSSSB Head Clerk selection process in light of “systematic irregularities”

“When the credibility of an entire examination stands vitiated by systemic irregularities, the issue then is not about seeking to identify the candidates who are tainted.”

Case Briefs High Courts

Tri HC | How are ‘economic abuse’ and ‘domestic abuse’ synonymous? HC explains in light of S. 3 of the Protection of Women from Domestic Violence Act, 2005

Tripura High Court: S.G. Chattopadhyay, J., elaborated on the aspect of economic abuse in term of Section 3 of the Protection of

Case Briefs High Courts

All HC | Rent Allowance vis-a-vis Maintenance Allowance: Whether under S. 125 CrPC, rent allowance is included under maintenance allowance? Read to know

Allahabad High Court: Suresh Kumar Gupta, J., while addressing an issue with maintenance allowance determined a very significant point of whether rent

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Sahara India Financial Corp. Ltd., “not fit and proper person”; Sub-Broker Registration Cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam, (Whole Time Member) while accepting the recommendations of the Designated Authority (DA) held