Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application under Section 9 of the IBC is not maintainable in absence of strict proof of Debt and Default: NCLAT

“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”

Case Briefs High Courts

District Court must examine whether pre-deposit of 75% of award under Section 19 of the MSME Act is actually deposited: Himachal Pradesh High Court

Himachal Pradesh High Court set aside the impugned order and directed the District Court to decide the matter afresh.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Arbitration Proceedings’ and ‘IBC Proceedings’ cannot go on together; NCLAT upholds NCLT’s order rejecting Section 9 application

NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.

Case Briefs High Courts

[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case

Calcutta High Court in an interm order stayed the CBI probe till the final order.

Case Briefs High Courts

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.

Case Briefs High Courts

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.

Case Briefs Tribunals/Commissions/Regulatory Bodies

While admitting application under Section 7 of the IBC, existence of Debt and Default needs to be examined not ‘Quantum of Debt’: NCLAT

“In the instant case, the record establishes that there is a ‘debt’ and a ‘default’ and the Application is complete and the Adjudicating Authority has rightly admitted the Application under Section 7 of the Code.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Resolution Professional keep claims in abeyance during pendency of Corporate Debtor’s counter claim before arbitrator? NCLAT Answers

While dismissing the present appeal, the NCLAT held that appellant’s prayer pertaining to admission of the claim cannot be acceded to in the ‘eye of Law’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT

The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Transition between the parties should be direct to construe the debt as ‘Financial Debt’ under Section 5(8) of the IBC: NCLAT

Amount taken by the Directors of the Corporate Debtor in their personal capacity cannot be construed as ‘Financial Debt’ under S. 5(8) of the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether prior approval of RBI is required by an Asset Reconstruction Company for participating as Co-Resolution Applicant under IBC? NCLAT Answers

NCLAT observed that the principal objective of the IBC is ‘revival of the Corporate Debtor and Resolution’ and therefore “Liquidation ought to be the last resort, keeping in view the scope and spirit of the Code.”

Case Briefs High Courts

Husband acquiring property in wife’s name does not necessarily imply Benami transaction: Calcutta High Court

It is a well-settled principle that “burden of showing that a transfer is a benami transaction always lies on the person who asserts it.”

Case Briefs High Courts

[Illegal encroachment] Vendors selling motor parts in market area are not Hawkers: Calcutta High Court

The High Court questioned Kolkata Municipal Corporation and police authorities as to why they are unable to regulate or evict the hawkers.

Case Briefs High Courts

Madhya Pradesh High Court quashes FIR lodged under Section 377 IPC against Former Minister Raghavji

The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Go Airlines insolvency: NCLAT approves appointment of new Resolution Professional by CoC

NCLAT directed the new Resolution Professional to protect the assets of the Corporate Debtor as required under S. 25(1) of the IBC

Case Briefs High Courts

Allegations in FIR against rape accused cannot be considered as abetment of suicide: Madhya Pradesh High Court

Madhya Pradesh High Court quashed the FIR and consequential criminal proceedings arising thereafter.

Case Briefs High Courts

Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court

The principles of natural justice get violated if the opportunity afforded to submit reply is not an effective opportunity.

Case Briefs High Courts

“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application

Without questioning the validity and legality of the arbitration clause, the Calcutta High Court appointed an Arbitrator to decide the issues raised by both the parties.

Case Briefs High Courts

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court

LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does NCLAT have power to review or recall its judgment? NCLAT 5-member bench answers

A 5-member bench overturned two judgments delivered by 3-judge bench which held that the NCLAT does not have the power to review or recall its own judgements.