Editor_4, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| Evaluation of CoC wisdom, beyond the purview of NCLT-Is expected ‘just’ to initiate liquidation process rather

National Company Law Tribunal, Hyderabad Bench: The Coram of Madan B Gosavi (Judicial Member) and Veera Brahma Rao Arekapudi (Technical Member) was

Case Briefs High Courts

HP HC | Victim of sexual offence cannot have any locus standi to approach Court for quashing FIR registered for the sexual assault alleged

Himachal Pradesh High Court: Anoop Chitkara, J. dismissed the petition being devoid of merits. The factual matrix of the case is such

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Titan on Insider Trading-Violations by 6 employees of TCL attracts Penalty | Holds-contravention disregards both honest and dishonest ignorance

Securities and Exchange Board of India (SEBI): Soma Majumdar, Adjudicating Officer, in six separate Adjudication Orders, while holding the Noticees liable for

Case Briefs High Courts

Ker HC | CGST registration; HC dismisses petition challenging cancellation registration on observing undue delay and carelessness on part of petitioner

Kerala High Court: A.M. Badar, J., dismissed the petition challenging cancellation of CGST registration observing that the petitioner had remedy of challenging

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can service tax be charged on the commission which is the difference between the telephone recharge amount received from customers and amount out of the same paid to telecom companies? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs High Courts

Chh HC | “Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC?

Chhattisgarh High Court: N K Chandravanshi, J. partly allowed the revision petition by discharging the applicant of charge under Section 376 Penal

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On not finding any justifiable reason to revoke interim ex-parte order, continues to stand–Protects the interests of investors

Securities and Exchange Board of India (Sebi): Madhabi Puri Bach, Whole Time Member, on not finding any justifiable reason to revoke or

Case Briefs High Courts

J&K and Ladakh HC | Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Sharaya Bano’s case null and void? HC answers

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9

Case Briefs High Courts

Tri HC | Mere honesty and admission of charge are not the grounds for tempering with the order passed by disciplinary authority; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the Director of Elementary Education

Case Briefs High Courts

Ker HC | Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line

Kerala High Court: Devan Ramachandran, J., held that parties to arbitration cannot nominate the arbitrator even if the Arbitration Agreement provides so.

Case Briefs High Courts

Chh HC | “Petitioners’ status is that of a Guest Lecturer but that does not mean that they do not have any right”; Protection granted to contractual Guest Lecturer from being replaced by another set of Guest lectures

Chhattisgarh High Court: P. Sam Koshy, J. held that protection granted to the petitioner will not preclude the State Government from going

Case Briefs Supreme Court

Economic criterion cannot be sole basis of identifying ‘creamy layer’ amongst backward classes: SC strikes down 2016 Notification issued by Haryana Govt.

Supreme Court: A Division Bench of L. Nageswara Rao and Aniruddha Bose, JJ., quashed the notification dated 17-8-2016 issued by State Government

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

National Company Law Tribunal, New Delhi: The Coram of Abni Ranjan Kumar Sinha, (Judicial Member) and L.N. Gupta (Technical Member) dismissed an

Case Briefs High Courts

Utt HC | Right to promotion is not a vested right, however, right to be considered for promotion is a FR; Court issues directions to the State

Uttaranchal High Court: The Division Bench of Manoj Kumar Tiwari and Alok Kumar Verma, JJ., heard and disposed of a petition which

Op Eds OP. ED.

Determination of Liability and Interpretation of Terms of the Contract | DLF Ltd. v. Leighton India Contractors (P) Ltd.: A case comment

by Love Kumar Gupta†

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Without going into merits, adjudication proceedings abated considering the death of the Noticee

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, was of the view that the adjudication proceedings against the Noticee

Case Briefs High Courts

Kar HC | “Supplementary charge sheet is only an additional material collected against the accused persons”; S. 167(2) CrPC not applicable on supplementary charge sheets filed

Karnataka High Court: Rajendra Badamikar, J., dismissed the petition being devoid of merits. The factual matrix of the instant case is that

Case Briefs High Courts

SCC Times

NCLT| Evaluation of CoC wisdom, beyond the purview of NCLT-Is expected ‘just’ to initiate liquidation process rather

HP HC | Victim of sexual offence cannot have any locus standi to approach Court for quashing FIR registered for the sexual assault alleged

SEBI | Titan on Insider Trading-Violations by 6 employees of TCL attracts Penalty | Holds-contravention disregards both honest and dishonest ignorance

Ker HC | CGST registration; HC dismisses petition challenging cancellation registration on observing undue delay and carelessness on part of petitioner

CESTAT | Can service tax be charged on the commission which is the difference between the telephone recharge amount received from customers and amount out of the same paid to telecom companies? Tribunal answers

Chh HC | “Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC?

SEBI | On not finding any justifiable reason to revoke interim ex-parte order, continues to stand–Protects the interests of investors

J&K and Ladakh HC | Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Sharaya Bano’s case null and void? HC answers

Tri HC | Mere honesty and admission of charge are not the grounds for tempering with the order passed by disciplinary authority; Court dismisses appeal

Ker HC | Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line

Chh HC | “Petitioners’ status is that of a Guest Lecturer but that does not mean that they do not have any right”; Protection granted to contractual Guest Lecturer from being replaced by another set of Guest lectures

Economic criterion cannot be sole basis of identifying ‘creamy layer’ amongst backward classes: SC strikes down 2016 Notification issued by Haryana Govt.

NCLT | ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

Utt HC | Right to promotion is not a vested right, however, right to be considered for promotion is a FR; Court issues directions to the State

Determination of Liability and Interpretation of Terms of the Contract | DLF Ltd. v. Leighton India Contractors (P) Ltd.: A case comment

SEBI | Without going into merits, adjudication proceedings abated considering the death of the Noticee

Kar HC | “Supplementary charge sheet is only an additional material collected against the accused persons”; S. 167(2) CrPC not applicable on supplementary charge sheets filed

Sikk HC | Court directs State to examine grievances; ensuring proper implementation of NFSA, 2013

Resolution is Always Preferable to Liquidation

Trademarks: Distinctiveness is an Exception of Descriptiveness