law

Case BriefsSupreme Court

No bar to amendment of S. 7 IBC petition until final order; Money decree, recovery certificate in financial creditor’s favour gives fresh cause of action to initiate corporate insolvency resolution process: SC   

Supreme Court: A Division Bench of Indira Banerjee and V. Ramasubramanian, JJ. held that there is no bar in law to amendment

Case BriefsHigh Courts

Bom HC | Does a Registering Officer has right to decide whether person presenting document for registration has marketable title or not? Court answers

Bombay High Court: The Division Bench of A.S. Chandurkar and Amit B. Borkar, JJ., addressees the present matter while explaining the existence

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Jammu & Kashmir government exempted from Takeover regulations for the proposed acquisition of equity shares of Jammu and Kashmir Bank

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, exempted the Government of Jammu and Kashmir, from complying with

Case BriefsHigh Courts

Del HC | Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., noted the mandatory condition provided under Section 144B (7) of

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Does Rule 4(5)(a) of Cenvat Credit Rules, 2002 cover the return of waste and scraps and is it subject to Central Excise duty? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed aggrieved by the order-in-original

Case BriefsHigh Courts

Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on

Delhi High Court: Asha Menon, J., decided a matter concerning dishonour of cheque. Petitioner had filed a suit for recovery of Rs

Case BriefsSupreme Court

Premature release of convicts who have undergone imprisonment of more than 14 yrs, and less than 14 yrs: With whom lies the power? SC discusses

Supreme Court: A Division Bench of Hemant Gupta and A.S. Bopanna, JJ. disposed of a criminal appeal holding, inter alia, that if

Case BriefsHigh Courts

Right to be Forgotten | Madras HC decides whether redacting names of acquitted persons from court record is possible

Madras High Court: N. Anand Venkatesh, J., remarked that, There is no doubt with regard to the fact that the moment Judge

Case BriefsHigh Courts

Kar HC takes up suo motu cognizance over incident of Monkey Deaths; Art. 21 protects ‘animal life’ which is necessary for human life

Karnataka High Court: A Division Bench of Abhay Sreenivas Oka CJ and N S Sanjay Gowda J. remarked that it is necessary

Case BriefsHigh Courts

Tri HC | Court rejects post-retiral benefits of pension and gratuity on false claim of being a reserved category candidate; however, salary already paid not a subject of recovery

Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed aggrieved about non-payment of gratuity and pension after retirement.

Case BriefsSupreme Court

No work should go unpaid | Whether having different extended age of superannuation for doctors under AYUSH and CHS is justified? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and Hrishikesh Roy, JJ., held that, “…doctors, both under AYUSH and CHS, render

Case BriefsHigh Courts

Chh HC | Can Human Rights Commission pass an order directing payment of compensation? HC answers in light of instant facts

Chhattisgarh High Court: Sanjay K Agrawal, J., dismissed the petition and sets aside the impugned order. The petitioner in the instant petition

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Specious Portfolio, Spurious Manager -Deceptive Portfolio Manager with a real-looking-fake website caught and handled suitably

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while exercising the powers under Sections 11, 11(4),11B (1) and

Op EdsOP. ED.

Class Action – An Obstacle Race for the Minority

by Karthik Seshadri†

Case BriefsHigh Courts

MP HC | Right to cross-examine a witness cannot be curtailed, Court holds trial court should be patient and tolerant in their approach towards the Trial Court lawyers

Madhya Pradesh High Court: Subodh Abhyankar, J., allowed a petition which was filed aggrieved by the order whereby the right of the

Legal RoundUpSupreme Court Roundups

Supreme Court Monthly Roundup – July 2021

A comprehensive roundup of all the important Supreme Court judgments/orders from the month of July, 2021.

Case BriefsSupreme Court

Supreme Court directs NOIDA to pay Rs 36 crore compensation in a land acquisition dispute for illegally taking over excess land

Supreme Court: The Division Bench comprising of Rohinton Fali Nariman and B.R. Gavai, JJ., settled a decade-old land-acquisition dispute by directing NOIDA

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT Decodes | Whether working capital provided by an investor to run a restaurant would come under the ambit of Financial Debt? 

National Company Law Tribunal (NCLT): Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) held that ‘Working Capital’

Case BriefsSupreme Court

Judges should exercise restraint and avoid unnecessary remarks against conduct of the counsel: SC orders expunging adverse remarks against advocate with 17 yrs of standing at the Bar

Supreme Court: A Division Bench of R.F. Nariman and Hrishikesh Roy, JJ. directed that adverse comments recorded against the appellant─advocate in certain

Op EdsOP. ED.

Is Article 226(3) of the Constitution Mandatory or Directory?

by Dormaan Jamshid Dalal†