2020 SCC Vol. 9 Part 1
Hindu Succession Act, 1956 — S. 6 [as substituted by the Hindu Succession (Amendment) Act, 2005 w.e.f. 9-9-2005] — Daughter’s right in
law
Simplified | Madhya Pradesh Freedom of Religion Ordinance, 2020
Governor of Madhya Pradesh promulgates the Madhya Pradesh Freedom of Religion Ordinance, 2020. Purpose of this Ordinance To provide freedom of religion
P&H HC | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides
Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed a petition challenging the impugned order of Judicial Magistrate Ist Class of
SEBI | Permitting investors to receive portfolio management services from unregistered entity causes irreparable injury to securities market; SEBI’s objective not only protection of investors but also orderly development of market
Security and Exchange Board of India (SEBI): Madhabi Puri Buch, (Whole Time Member) imposed certain restrictions on GJ Advisory Services and Profit
CESTAT | Whether Cenvat credit of service tax paid on the deposit insurance service provided by the DICGC available; Tribunal explains while allowing appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ajay Sharma (Judicial Member) allowed an appeal which was filed challenging the order passed
Ker HC | No bar to parallel proceedings under SARFAESI Act during ongoing Corporate Insolvency Resolution Process; HC reiterates
Kerala High Court: A.M. Badar, J., while dismissing the present petition, reiterated the observations of the Supreme Court in the words, “In
Do Law Journals sold in electronic form in DVDs/CDs come under category of E-books? Read AAR’s ruling on the question of GST exigibility on “Law Weekly”
Tamil Nadu Authority for Advance Ruling (TN AAR): The Coram of Manasa Gangotri Kata, Additional Commissioner and Thiru Kurinji Selvaan V.S., Joint
SEBI notifies SEBI (Alternative Investment Funds) (Amendment) Regulations, 2021; Amends ‘General Obligations’ relating to constitution of Investment Committee by the Manager
Securities and Exchange Board of India (Alternative Investment Funds) (Amendment) Regulations, 2021 SEBI amends the Securities and Exchange Board of India (Alternative
Guj HC | Whether a matter is required to be remanded in order to comply with the principles of natural justice where there has been intermingling of documents; Court explains
Gujarat High Court: R.P. Dholaria, J., allowed an appeal which was filed in order to decide whether a matter can be remanded
P&H HC | No separate orders required in the matter of OTS having become defunct for non-compliance of conditions by borrowers, Bank becomes free to recover money in accordance with law irrespective of OTS; HC reiterates
Punjab and Haryana High Court: The Division Bench of Rajan Gupta and Karamjit Singh, JJ., allowed the petition seeking writ of mandamus
Ker HC | [Or. 41 R. 5] Power of execution court to stay the execution is only upto to the stage of filing appeal; Petition allowed
Kerala High Court: B. Sudheendra Kumar, J., allowing the present petition observed, “Since the appeal was already filed, the court below had
Kar HC | In a case where director of a company is to be served notice, which will be considered appropriate “his changed residence” or “office”? HC explains in light of instant facts
Karnataka High Court: B. M Shyam Prasad J dismissed the appeal being devoid of merits. The facts of the case are such
The company, its veil and the arbitration of disputes
by Mikhail Behl* and Anupam Surve**
NCLT approves NHPC’s Resolution Plan for Jalpower Corporation Limited
National Company Law Tribunal (NCLT), Hyderabad bench approved NHPC’s Resolution Plan for taking over Jalpower Corporation Limited (JPCL) as going concern vide its
Justice Sudhanshu Dhulia appointed as Chief Justice of the Gauhati High Court
President of India appointed Justice Sudhanshu Dhulia, Judge of the Uttarakhand High Court, as Chief Justice of the Gauhati High Court. Justice
President promulgates Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021; Provisions relating to Services and Legislative Assembly amended
Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021 President promulgates Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021. Amendment of Section 13 In Section
J&K HC | [S. 108 Evidence Act] A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed
Jammu and Kashmir High Court: Sanjay Dhar, J., while allowing the present petition, clarified that a person who has been declared missing
Ker HC | Minor rape survivor allowed to undergo medical termination of pregnancy even after 25 weeks and 3 days gestational age considering the risk of severe psychiatric trauma
Kerala High Court: P.V. Asha, J., allowed termination of pregnancy even after 25 weeks 3 days gestational age considering the tender age
Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides
Orissa High Court: K. R. Mohapatra J., dismissed the appeal being devoid of merits. The facts of the case are such that