Editor_4, Author at SCC Times

Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India

‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’

Legal RoundUp Legislation Roundup

Arbitration Law Roundup | A recap of top Arbitration Law cases in September 2024

Read decisions of the Supreme Court and High Courts in matters related to invocation of Bank Guarantees, Arbitral awards, Non-Signatories, and more.

Case Briefs High Courts

Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort

Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.

Legislation Updates Rules & Regulations

SEBI reduces trading lot for InvITs on designated stock exchange to Rs. 25 Lakhs

The 2024 Regulations have amended the trading lot for trading units, timeline for making distributions, as well as the voting threshold.

Legislation Updates Rules & Regulations

SEBI introduces ‘voting threshold’ vide SEBI (Real Estate Investment Trusts) (Third Amendment) Regulations, 2024

The 2024 Regulations brings various amendments to regulate provisions related to the unit holders.

Case Briefs High Courts

‘Tampering with complaint raises concerns about integrity of investigation’; Calcutta HC cancels bail granted to accused in sexual assault case of IAS Officer’s wife

‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’

Case Briefs High Courts

Calcutta High Court directs POCSO Court to enquire against mother-daughter for filing false rape case under political pressure

‘If it appears that victim was not a minor at the time of lodging false complaint and recording of her statement, appropriate action should be taken against her without hesitation.’

Events/Webinars News

“Arbitration Bar cannot be a weekend Bar”: Justice Somasekhar Sundaresan at India ADR Week 2024

Day 2 and 3 of India Alternative Disputes Resolution Week 2024 in Mumbai featured intense discussions on sports arbitration, appointment of experts as arbitrators and modification of arbitral awards.

Case Briefs High Courts

‘Special equities have to partake the character of irretrievable injustice’; Delhi HC quashes award by Arbitral Tribunal to injunct invocation of Bank Guarantees

‘The person at whose instance a Bank Guarantee has been issued by the bank is not a party to it and is merely a benefactor from whose account the payment would be realized.’

Case Briefs High Courts

Bombay High Court asks for an affidavit from the State stating how online rummy is a ‘game of skill’ and not a ‘game of chance’

The social worker has impleaded celebrities like Sachin Tendulkar, Shahrukh Khan, Hrithik Roshan, Ajay Devgan, Annu Kapoor, and Shakti Kapoor for promoting online gambling.

Case Briefs High Courts

‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair

‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’

Case Briefs District Court

‘Statutory right created in favour of party to assail decree cannot be taken away by S.14 of IBC’; Delhi Court sets aside Arbitral award in favour of Educomp Solutions Ltd.

‘The autonomy conferred on the parties is not unbridled and appointment of the Arbitrator has to meet the prerequisite of his neutrality and impartiality which are the bedrock on which the foundation of arbitration rests.’

Case Briefs High Courts

‘Policy based response from municipalities required, not judicial intervention’; Delhi HC denies to interfere in issue of lack of parking spaces in residential colonies

‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’

Case Briefs High Courts

Delhi HC upholds order by CAT allowing appointment of Scheduled Caste candidate holding Caste Certificate not issued by State of Delhi

‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’

Case Briefs High Courts

Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action

‘Since Kalatan Dasgupta had already provided his statement and his mobile phone had been seized, he shall not be involved in further investigative proceedings without leave of Court.’

Case Briefs High Courts

Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.

The trade mark ‘MONSTER’ had been adopted by Monster Energy Co. in 2002 in the United States of America.

Case Briefs High Courts

‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father

Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.

Legislation Updates Notifications

RBI imposes penalty of Rs. 7.9 lakh on Muthoot Vehicle & Asset Finance Ltd. for non-compliance with Liquidity Risk Management Framework and RBI Directions for NBFCs

Apart from failing to disclose information regarding LCR and conveying the loan amounts sanctioned, MVAFL also failed to submit data of gold loan customers.

Legislation Updates Notifications

RBI imposes penalty of Rs. 10.4 lakhs on HP Financial Services for failing to adhere to its KYC, NBFC, and IT framework regulations for the non-banking financial sector

HP Financial Services not only failed to establish a periodic review of risk categorization of accounts but also failed to form an IT Strategy Committee as well as an IT Steering Committee.

Case Briefs High Courts

Delhi HC declares order by Players’ Status Committee of AIFF directing Anwar Ali, Delhi FC, and Emami EBFC to pay Rs. 12.9 crores, unenforceable

‘The right to a fair hearing encompasses not only the opportunity to be heard but also the right to know the reasons for any adverse decision.’