Case Briefs Archives | Page 189 of 914

[Section 29A of IBC] Disqualification of promotors applying for resolution plan not applicable to MSMEs: Supreme Court

Supreme Court observed that the law laid in Digambar Anandrao Pingle (supra) by NCLAT was not correct, and that the date of submission of resolution plan has to be the cut off date.

Case Briefs High Courts

Punjab and Haryana High Court issues directions for Investigating Officers adding or deleting offences under UAPA Act in the FIR

“The mechanical and perfunctory manner of inclusion of offences under the UAPA Act, in the petition FIR, does ultimately cause deep trauma, upon the minds of the bail petitioners.”

Case Briefs Supreme Court

Supreme Court dismisses former ICICI CEO Chanda Kochhar’s plea for interim release of Retiral benefits

Earlier, the Bombay High Court had denied her plea for reinstatement of her Employee Stock Options.

Group of Companies Doctrine bind Non-Signatory

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court 5-Judge Bench Ruling on Group of Companies Doctrine: What You Need to Know

“Even though a subsidiary derives interests or benefits from a contract entered into by the company within a group, they would not be covered under the expression “claiming through or under” merely on the basis that it shares a legal or commercial relationship with the parties.”

Case Briefs High Courts

Constitutionality of Section 15(5) of the CGST Act and other provisions challenged; Bombay High Court issues notice

Bomby High Court issued notice to the Attorney General regarding challenge to the provisions of Section 15(5) of the CGST Act, 2017 being unconstitutional and violative of Articles 246A and 366(12) of the Constitution of India.

Case Briefs Supreme Court

In Re: Right to Privacy of Adolescent | SC frowns upon Calcutta HC’s advise to girls to control sexual urge; ‘Judges to avoid expression of Personal views’

“The Calcutta High Court advised adolescent girls to protect their dignity, privacy, self-worth and control their sexual urge.”

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC finds hotel liable for causing mental agony to a customer who was sold Biryani Rice at the price of Chicken Biryani

The complainant had ordered a parcel of Chicken Biryani and paid for the same, however, when he reached home and opened the parcel, it was just Biryani Rice.

Case Briefs High Courts

Calcutta High Court upholds right to challenge non-arbitrability in landlord-tenant dispute; sets asides Arbitral Award

Applying Section 3 of the West Bengal Premises Tenancy Act, 1956, the Calcutta High Court determined that the dispute is governed by the tenancy act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Unscrupulous coaching institutes should not have the right to retain fees of students who leave course midway due to dissatisfaction with the services”: DCDRC

VLCC failed to deliver on their promise by not conducting the courses as per the agreed terms. Furthermore, their suggestion to adjust the course fees against the enrolment of a relative was found to be unfair and contrary to consumer protection principles by DCDRC.

Case Briefs High Courts

SARFAESI Act does apply to fishing vessels; Co-operative Banks have discretion to choose recovery methods: Calcutta High Court

“Definition analysis of ‘vessel’ includes fishing vessels under the Merchant Shipping Act, triggering Section 31(d) exemption.”

Case Briefs Supreme Court

Read why Supreme Court held unilateral revision of fee won’t hold Arbitral Tribunal ineligible

“The increase of fee does not amount to a per se ineligibility, reaching to the level of voiding the Tribunal’s appointment, and terminating its mandate.”

Case Briefs High Courts

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”

Case Briefs High Courts

Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court

“The Court took cognizance of the necessity to upgrade and enhance the overall infrastructure facilities in the government hospitals, in particularly the emergency wards.”

Case Briefs High Courts

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”

Case Briefs High Courts

Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips

“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”

Case Briefs High Courts

‘Proposed changes will expand ambit of Suit’; Orissa HC rejects amendment of plaint for incorporation of prayer for partition in 27-years-old dispute

“The suit was instituted in 1996 and was at the fag end of the trial. The Defendant’s cross-examination was ongoing and if the proposed amendment is allowed, it will change the nature and character of the suit.”

Case Briefs Supreme Court

Special Rules like Standing Orders override general CCA Rules, 1965: Supreme Court reiterates

Supreme Court clarified that Standing Orders cover wider activities of workmen and were workmen specific, yet, in view of Section 13B of 1946 Act, a specific notification can be made applying CCA Rules 1965 to that specific aspect, but a notification was necessary.

Case Briefs High Courts

Calcutta High Court mandates Police Picket at deceased INC political worker’s wife residence to ensure Peace and Security

The instant matter involves allegations of police inaction and need for protection of wife of deceased political worker associated with the Indian National Congress following political violence during West Bengal Panchayat Election 2023.

Case Briefs High Courts

Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony

Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.