2021 SCC Vol. 5 Part 1
2021 SCC Vol. 5 Part 1 In this part read a very interesting decision delivered by the Supreme Court running into over
law
Is tour operator liable for rape of tourist by hotel employee? Read UKSC’s ruling on how to interpret package travel contract
Supreme Court of the United Kingdom (UKSC): Bench of Lord Hodge, Lord Llyod-Jones, Lady Arden and Lord Kitchin, while unanimously allowing the
NCLT | With no prospects, substance and bleak chances of recovery, Resolution Professional seeks liquidation — With its acceptance, Nirav Modi’s Firestar dooms
National Company Law Tribunal (NCLT): The Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) while allowing the
Guj HC | Appellate court’s reasoning of non-examination of scribe of Will wrong; Court allows appeal calling it serious error of law
Gujarat High Court: A.P. Thaker, J., allowed a petition which was filed aggrieved and feeling dissatisfied with the judgment and decree of
J&K and Ladakh HC dismisses quashment petition of a person accused of causing detention of detenue by BSF due to personal enmity; allows bail application
Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., refused to quash trial against the petitioner who had been facing trial
Del HC grants interim injunction in favour of DPS Society against Infringement of trademark and crest logo by Delhi Public International School
Delhi High Court: Sanjeev Narula, J. while addressing the matter of trademark infringement, opined that, “Besides, considering that parties are in the
[Women in Army] Supreme Court issues interim direction allowing women to participate in NDA exams
Supreme Court: Taking a significant step towards gender equality, the Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., issued interim
Trade Mark Infringement | Cal HC restrains use of registered mark prominently used in infringer’s otherwise different packaging
Calcutta High Court: Moushumi Bhattacharya, J. granted an injunction until further orders in favour of registered proprietor of trademark. In the instant
CESTAT | Can input services used by the provider of taxable service for providing output service be covered by the exclusion clause? Tribunal answers
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): SS. Garg (Judicial Member) allowed appeals which were filed after the rejection of refund
P&H HC | Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce
Punjab and Haryana High Court: G. S. Sandhawalia, J., allowed the application for waiving off the mandatory period of six months for
Gangubai Kathiawadi | Can an adoptive son file for defamation of deceased mother? Bom HC decodes
Bombay High Court: Nitin W. Sambre, J., expressed that, “The law on the principle of Torts that an action dies with the
Is officer-in-charge obligated to arrest each and every accused at the time of filing chargesheet? SC answers in negative, holds it is contrary to intent of S. 170 CrPC
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. has held that if the Investigating Officer does not
Raj HC | Judgments cited by the applicant cannot be made basis as a precedent to infer that the balance of convenience always lies in favour of the wife; Transfer petition allowed
Rajasthan High Court: Rameshwar Vyas, J. allowed the transfer petition and transferred the matter to the Family Court, Ajmer. The instant transfer
NCLAT | ‘Acknowledgment’ is based on neighboring circumstances and has nothing to do with the form-Rejects Appeal
National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Venugopal M (Judicial Member) and V.P. Singh (Technical Member) while setting aside
Sirpur Paper Mills case: Fate of an arbitral award after approval of resolution plan
by Priyal Jain† and Prasann Malviya††
MP HC | M.P. State Legal Service Authority to provide assistance to transgenders in getting their Identity Cards/Transgender Cards; State directed to ensure other benefits
Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ and Vijay Kumar Shukla, J., decided in the matter of a
Raj HC | “Live-in relationship cannot be at the cost of social fabric of this country”; Police protection rejected to a live-in couple
Rajasthan High Court: Satish Kumar Sharma J. dismissed the petition and rejected police protection to a couple. The instant petition was filed
Ori HC took stock of issue of illegal prawn enclosures (‘gheries’) around Indian wetland of international importance, the eco-sensitive Chilika Lake; Laid directions
Orissa High Court: A Division Bench of S. Muralidhar and B. P. Routray, JJ., addressed the issue of the problems encountered in
[Bengal Post Poll Violence] Cal HC | CBI probe ordered in the investigation after NHRC report; Court also constitutes SIT of all IPS officers to install faith of the people in rule of law [Detailed Report]
Calcutta High Court: The Full Bench of Rajesh Bindal, ACJ and I.P. Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, JJ., continued
The Indian Catastrophe: MP Migrant’s Crisis Amidst COVID-19
by Rakshita Agarwal*, Rohit Sharma**, Lakshmi Menon***, Niharika Tiwari****, Shilpa Shankar**** and Saiyed Kamil******