Apoorva, Author at SCC Times

Live | Second Edition of Delhi Arbitration Weekend 2024 (06 -10 March, 2024)

DAW 2024 comprises of focused sessions, curated to serve the need for discussion on the most pertinent themes in arbitration today, such as biases in arbitration, joinder of non-signatories in arbitration, Investor State Dispute Settlement mechanisms in light of today’s economic challenges, interplay of technology and arbitration, amongst others.

Case Briefs High Courts

Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order

Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.

Case Briefs Supreme Court

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period

Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.

Case Briefs Supreme Court

[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park

“This is a classic case that shows how the politicians and the bureaucrats have thrown the public trust doctrine in the dustbin.”

Case Briefs High Courts

‘Where corporate character is employed for defrauding others, Court should pierce the corporate veil’: Allahabad HC refers Cloud 9 Projects cheating case to ED

“We cannot keep our eyes shut and be a mere mute spectator of the fraud, which the builders have played on the home buyers and Noida Authority”

Case Briefs High Courts

Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’

Madras High Court said that the Controller is correct in stating that both the cited prior art and the claimed invention provide for the transmission of sensor data to a subscribing application, but the difference lies in how such data is transmitted.

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT allows Vodafone’s claim of depreciation on goodwill acquired pursuant to slump sale acquisition of Call Centre Business from VEGL

ITAT noted that Parliament had taken due note that the Supreme Court had held that the goodwill arising on business reorganization i.e. amalgamation, slump sales, demerger etc. is a depreciable intangible asset under Section 32 of the Act.

Case Briefs Supreme Court

Timelines in renewable energy sector ensure early supply of green energy and reduction of carbon footprint: SC directs SECI to recover bank guarantee

Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.

Case Briefs Supreme Court

NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession

Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.

Case Briefs Supreme Court

Supreme Court grants bail to NDPS accused in custody for more than a year

Supreme Court directed the accused to report to the local Police Station twice in a month, and directed his passport to be deposited with the Investigating Officer /with the Court concerned

High Court Round Up Legal RoundUp

High Court Roundup February 2024 | Stories on Vyas ji Tehkhana; Ram Ki Janmabhoomi film; West Bengal Dental Council’s Election; SEBI’s Exit Policy; Freedom Fighters Pension; and more

A quick legal roundup to cover important stories from all High Courts in February 2024

Case Briefs Supreme Court

Supreme Court directs setting up of fresh Selection Board for granting Permanent Commission to woman SSC Officer in Indian Navy

Supreme Court said that if a proportional increase in the vacancies is required to be created to accommodate the petitioner, then this should be carried out without creating any precedent for the future.

Case Briefs High Courts

Facilitation Council does not have jurisdiction to entertain dispute arising out of services not registered under MSMED Act: Allahabad HC

Allahabad High Court said that the term ‘condition and the specification of the cold storage’ together with the definition clauses constitute the cold storage services and, therefore, cold storage services have been properly structured under the U.P. Enactment read with modified subordinate legislation of Uttar Pradesh.

Case Briefs High Courts

[Cash-for-job scam] Madras HC refuses to grant bail to former TN Minister Senthil Balaji in money laundering case

Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.

Case Briefs Supreme Court

Supreme Court upholds Madras HC order directing demolition of illegally constructed Mosque and Madrasa in Koyambedu

In 2023, Madras High Court had held that the mosque was illegally constructed without any building sanction plan.

Case Briefs High Courts

[Mogappair Eri Scheme] Madras HC sets aside discharge of Tamil Nadu Rural Development Minister I.Periyasamy in corruption case

The legitimacy of the administration of criminal justice will be eroded, and public confidence shaken if MLA’s and Ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case.

Case Briefs Supreme Court

Supreme Court upholds KPSC Recruitment Notification for Home Science Lecturers Post; criticizes HC’s erroneous approach

“Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service.”

Case Briefs High Courts

Allahabad HC rejects Masjid Committee’s plea against order permitting Hindus to pray in Vyas ji tehkhana inside Gyanvapi Mosque

“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State”

Case Briefs Supreme Court

Custodian for enemy property in India does not acquire ownership of property, only acts as trustee for management and administration: Supreme Court

Supreme Court directed that any demand for payment of taxes under the UP Municipal Corporation Adhiniyam, 1959 made and thereby paid by the respondent to Municipal Corporation shall not be refunded.

Case Briefs Supreme Court

Can prospective resignation be withdrawn at any time before it becomes effective? Supreme Court answers

Supreme Court: In an appeal against the judgment passed by Bombay High Court, whereby the Court dismissed the appeal preferred by the