claims Archives | SCC Times

Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent

Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.

Case Briefs High Courts

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”

Case Briefs High Courts

[IBC] Statutory authorities chose not to submit their proof of claim; Delhi High Court quashes show cause issued by Directorate of Revenue Intelligence

In the instant case, the Directorate of Revenue Intelligence neither submitted proof of claim nor responded to a specific communication via an e-mail addressed to Senior Intelligence Officer. This is a case where despite knowledge, the statutory authorities chose not to submit their proof of claim.

Case Briefs High Courts

“Unless the foreign award contravenes a fundamental and non-derogable principle or core value, refusal to recognise is not warranted”: Madras High Court

The High Court of Madras recognised the foreign arbitration award pronounced by the Singapore International Arbitration Centre (‘SIAC’) and found that the respondents have failed to establish any ground for refusing the recognition of foreign award.

Case Briefs High Courts

Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court

The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC| Points of law regarding ‘limitation’ and ‘consumer’ should not be raised in revision just for the sake of prolonging a case

“The purpose of looking into the records of the lower fora in revision is principally to see whether any jurisdictional error or material irregularity has been committed, which has to be judged by seeing their orders in the light of the evidence and material placed before them i.e., the material which they were privy to when they passed their orders”

Case Briefs International Courts

HEITEC v/s HEITECH| ECJ rules a warning letter for trademark infringement isn’t sufficient to end acquiescence

European Court of Justice (ECJ): In a far-reaching decision, the Bench of C. Lycourgos (Rapporteur), President of the Chamber, S.

Case Briefs High Courts

MEP Infra v. SDMC | Bom HC denies grant of interim relief to MEP Infra

Bombay High Court: The Division Bench of Milind N. Jadhav and S.J. Kathawalla, JJ., refused to grant any ad-interim order in favour

Case Briefs High Courts

Del HC | Ambiguity in contractually stipulated obligations favours whom? Court discusses while refusing interference in arbitral award

Delhi High Court: Sanjeev Narula, J., refused to interfere in the interim arbitral award whereby the sole arbitrator had allowed certain claims of

Op Eds OP. ED.

Treatment of Statutory Dues/Claims after Approval of Resolution Plan Ghanashyam Mishra and Sons (P) Ltd. v. Edelweiss : A case comment

by Dinesh Babu Eedi* and Manasa Tantravahi***

Case Briefs High Courts

HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in

OP. ED.Practical Lawyer Archives

Making Sense of the Confidentiality Claims under the Competition Law Regime

Bhumesh Verma, Managing Partner and Shashank Saurabh, Student Researcher, Corp Comm Legal

Cite as: (2020) PL (CL) March 80

Case Briefs High Courts

Del HC | Court is not storage of petitions filed by negligent litigants: Not permitted to blame previous counsel after 21 years for not providing case record

‘Vigilantibus, non-dermientibus, jura subveniunt’ (the law helps those who are watchful and not those who are asleep) Delhi High Court: Vinod Goel, J.,

Case Briefs High Courts

Claimant not to suffer for non-appearance of respondent; arbitrator’s award dismissing FCI’s claim set aside for “cryptic-reasoning”: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J., allowed a petition filed by the Food Corporation of

Case Briefs High Courts

Failure of petitioner to provide relevant evidence to her claims, held needs consideration in matter under Land Revenue Act

Allahabad High Court: The petition had been filed before a Single Judge Bench comprising of Anjani Kumar Mishra, J., from the proceeding

Case Briefs Supreme Court

NRC| Process for receipt of claims and objections of the final draft of NRC to be open

Supreme Court: The Bench comprising of Ranjan Gogoi and Rohinton Fali Nariman, JJ., after hearing the learned counsels for the parties stated