Jurisdiction Archives | Page 5 of 11

Supreme Court on Jurisdiction of NCLAT & NCLT || Does jurisdiction of NCLAT/NCLT extend into entering upon merits of a business decision made by a requisite majority of CoC?

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and M R Shah, JJ., observed that, Jurisdiction of the Adjudicating Authority

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Malice Intention to start something ‘other than insolvency’ nipped- Releases the Corporate Debtor from ‘rigors of CIRP and moratorium’

National Company Law Tribunal (NCLT): The Coram of Justice Abni Ranjan Kumar Sinha,(Judicial Member), and L.N. Gupta, (Technical Member) while exercising their

Case Briefs Supreme Court

Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides

Supreme Court: The Division Bench of R.F. Nariman and B.R. Gavai, JJ., while addressing a significant and interesting question of law expressed

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Whether DTAA protection in respect of taxation of dividend in source jurisdiction, can be extended to ‘dividend distribution tax’ under S. 115-O, Income Tax Act, in the hands of a domestic company? Matter referred to larger Bench

Income Tax Appellate Tribunal (ITAT): A two-Member Bench of Pramod Kumar, Vice President and Amarjit Singh, Judicial Member, referred a seminal question

Op Eds OP. ED.

Place of suing and cause of action in e-commerce disputes

by Raghav Sengupta†

Op Eds OP. ED.

Principles with Respect to Sanction at Various Stages when Offence is Alleged to be Committed beyond the Jurisdiction of Indian Territory: A Critical Appraisal of Proviso to Section 188 CrPC

by Shreya Tripathi*

Case Briefs District Court Tribunals/Commissions/Regulatory Bodies

Consumer Forum | Can complainant raise consumer dispute where excess electricity duty is charged? Is he overriding statutory remedy if he already approached the Collector? Read on

Consumer Disputes Redressal Commission Gujarat State, Ahmedabad: Justice V.P. Patel, President and U.P. Jani, Member, addressed an appeal which was raised in

Case Briefs High Courts

Bom HC | Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates

Bombay High Court: S.C. Gupte, J., dismissed a guardianship petition on the ground of jurisdiction. A Guardianship petition was filed under Sections

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal

Case Briefs High Courts

Bom HC | Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days

“It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true.”

─ Bombay High Court

Case Briefs High Courts

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

Jammu and Kashmir High Court: Sanjay Dhar, J., addressed the instant petition against the order of Judicial Magistrate, Bandipora, whereby the Magistrate

Op Eds OP. ED.

Stage of consideration of objections under Section 16 of the Arbitration and Conciliation Act, 1996

by Shaurya Sahay†

Case Briefs International Courts

CCJ | Whether a Magistrate in the Commonwealth of Dominica has jurisdiction to determine a charge of treating against a duly elected and sitting member of the House of Assembly, or it must be determined by High Court, by way of an election petition?

Caribbean Court of Justice: A Full Bench of Justice Saunders, Wit, Anderson, Rajnauth-Lee, Barrow and Jamadar dismissed the appeal being devoid of

Op Eds OP. ED.

Jurisdiction of commercial contracts in private international law [PL Archives]

Bhumesh Verma, Managing Partner, Corp Comm Legal and Ritisha Gupta, Research Assistant and final year student with Hidayatullah National Law University, Raipur

Cite as: (2021) PL (CL) March 90

Case Briefs Supreme Court

Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court

“In all future cases, NCLT would have to be wary of setting aside valid contractual terminations which would merely dilute the value of the corporate debtor, and not push it to its corporate death by virtue of it being the corporate debtor‘s sole contract.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical

Case Briefs High Courts

MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains

Madhya Pradesh High Court: G.S. Ahluwalia, J., disposed of a writ petition setting aside the orders passed by the Board of Revenue

Case Briefs Supreme Court

Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers

“The State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.”

Case Briefs High Courts

Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542

Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,

Case Briefs Supreme Court

Once an order is found to be passed without jurisdiction, all subsequent proceedings automatically come to an end: Supreme Court

Supreme Court: The 3-Judge Bench comprising of Ashok Bhushan*, R. Subhash Reddy and M.R. Shah allowed the instant appeal against the order