law Archives

Adoptive Father of a minor girl seeks issuance of her passport with details of adoptive parents so that she could write her TOEFL examination: Here’s what Del HC directed

Delhi High Court: V. Kameswar Rao, J., addressed a matter wherein a minor child was not able to apply for a passport

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can flat owners be prevented from use of certain open spaces and facilities by builders? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): While noting whether the flat owners can be prevented from the use of certain common spaces,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Homebuyer invests his hard-earned money to get legal possession of flat, yet gets subjected to a 6-year delay: Read how NCDRC provided relief to consumer

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a case wherein there was a delay of 6 years in handing

Case Briefs High Courts

Power under Article 227 of Constitution of India cannot be exercised to upset conclusions, howsoever erroneous they may be, unless there was something grossly wrong or unjust: Del HC

Delhi High Court: Asha Menon, J., while expressing the scope of power under Article 227 of the Constitution of India dismissed the

Case Briefs High Courts

Accepting requests for inter-district transfer can lead to chain reaction and at times considerable administrative difficulties; Raj HC observes while dealing a case related to inter-district transfer

Rajasthan High Court: A division bench of Akil Kureshi CJ and Madan Gopal Vyas J. dismissed the petition stating that nothing would

Case Briefs High Courts

If husband and wife get their marriage registered under Special Marriage Act & under Parsi Marriage and Divorce Act, 1936 as well, would this require them to get nullity of marriage under both Acts or one? Court decides

Parsi Chief Matrimonial Court, Bombay: G.S. Kulkarni, J., expressed that, there is no provision under legislations, that if a marriage between the

Case Briefs High Courts

P&H HC | State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking

Punjab and Haryana High Court: Expressing that, State of Punjab which was known as one of the prosperous States is now at

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can application filed under S. 95(1) read with S. 60(1) IBC be rejected on ground that no Corporate Insolvency Resolution Process was pending against Corporate Debtor? NCLAT addresses

If CIRP or Liquidation Proceeding of a Corporate Debtor is pending before a NCLT, application relating to Insolvency Process of Corporate or

Case Briefs High Courts

Vicarious Liability of Directors of Company for offences committed under S. 138 NI Act: Person claiming to not being able to manage business due to his age, could this be accepted as defence? Del HC answers

Delhi High Court: Subramonium Prasad, J., addressed a matter pertaining to vicarious liability of directors of the company alleged for offences under

Case Briefs Tribunals/Commissions/Regulatory Bodies

If granting exclusion of time would help Corporate Debtor from liquidation, should NCLAT allow such exclusion? Here’s what NCLAT says

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice M. Venugopal (Judicial Member) and Dr Ashok Kumar Mishra (Technical

Case Briefs Tribunals/Commissions/Regulatory Bodies

If a case was filed under IBC, can penalty be imposed under Companies Act? NCLAT addresses

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) held

Case Briefs High Courts

Notice to a dead person under S. 148 of Income Tax Act cannot be issued: Bom HC

Bombay High Court: The Division Bench of K.R. Shriram and N.J. Jamdar, JJ., reiterated that notice under Section 148 of the Income

Op Eds OP. ED.

Multi-Tier Dispute Resolution Clause

by Ashish Kumar†

Case Briefs High Courts

Can judicial separation be granted instead of divorce for which party has approached the Court? Read what Del HC says

Delhi High Court: Expressing that the Family Court’s decision was based on optimism and hope rather than the actual factual matrix of

Case Briefs High Courts

“Notaries operating from public taxis around vicinity of Court”: Dignity of the profession needs to be maintained and the legal profession cannot be allowed to function from the streets | Bom HC

Bombay High Court: The Division Bench of S.J. Kathawalla and Milind N. Jadhav, JJ., requested the Department of Legal Affairs to give

District Court Foreign Courts High Court Round Up High Courts Legal RoundUp

11 Legal Stories of the Week: From Hijab ban to a Sexual Harassment complaint from an employee in ScoopWhoop & more

Let’s have a look at the most interesting legal stories reported this week on the SCC Online Blog from High Courts, Foreign

Case Briefs Foreign Courts

Whether prohibition of ‘purdah’ is an infringement of constitutional right? What the Supreme Court of Kuala Lumpur (Federal Court of Malaysia) decided

Another one to read, from the Foreign Court, now 6 days have passed in a very interesting matter wherein a question arose

Op Eds OP. ED.

India Spawns the Pre-Packaged Insolvency for MSMEs in Motion— The Insolvency and Bankruptcy Code (Amendment) Act, 2021

by Swarnendu Chatterjee*and G. Vidya Kamath**

Case Briefs

Expression of a victim’s trauma or experience is his/her fundamental right which can only be curtained if it falls under 4 broad categories: Read on to know categories | Alleged sexual harassment case of a ScoopWhoop employee

Patiala House Courts: Preeti Parewa, SCJ/CCJ/ARC, NDD, while addressing the alleged case of sexual harassment against the CEO of ScoopWhoop, wherein it

Case Briefs High Courts

Husband killed wife brutally in a heat of passion leaving husband with a wounded pride: Bom HC decides whether the said offence will come under “Murder” or “Culpable Homicide not amounting to Murder”

Bombay High Court: Stating that, in the moment of anger spouses almost forgot about the two children who were hardly three years