HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Harsh Beniwal; Swarn Rekha River Revival Project; Sabarimala Pilgrimage; and more
A quick legal roundup to cover important stories from all High Courts this week.
SBI
IBBI and INSOL India 2nd International Conclave on ‘Insolvency Resolution: Evolution and Global Perspectives’
The Insolvency Bankruptcy Board of India (‘IBBI’) and INSOL India held the 2nd International Conclave in Delhi on 7th December to engage in the path-breaking discourse surrounding the ever-evolving space of insolvency and bankruptcy.
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Louis Vuitton’s trademark, captive elephants in Kerala, Plastic Ban, and much more.
A quick legal roundup to cover important stories from all High Courts this week.
Orissa High Court directs SBI to pay Rs. 1 Lakh compensation for not returning title deeds of mortgaged property after loan settlement
“Once the loan was resolved, there was no legal reason for the Bank to withhold the return of the title deed, regardless of the pending litigation. Therefore, the refusal to return the document is unjustifiable.”
No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
‘Rule 3(7) of IT Rules not iniquitous, draconian or harsh on taxpayers’; SC holds bank employees’ interest-free loans taxable as perquisites
“When there is certainty and clarity, there is tax efficiency which is beneficial to both the tax payer and the tax authorities. These are all hallmarks of good tax legislation.”
[Electoral Bond Case] Supreme Court directs SBI to disclose EB unique numbers revealing link between donors and political parties
On 12-03-2024, SBI has furnished the electoral bonds details to the Election Commission of India in compliance with the court’s order. Subsequently, on 14-03-2024 ECI uploaded the electoral bonds data supplied by SBI on its official website.
Supreme Court dismisses SBI plea for extension of time to furnish information relating to Electoral Bonds; Directs disclosures by March 12
Supreme Court has directed Election Commission of India to compile the information and publish the details in its official website no later by 15-03-2024 by 5 PM.
Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution
The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.
Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers
“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC
“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court
Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.
Explained| Supreme Court’s judgment on classifying borrower’s accounts ‘fraudulent’ by Lender Banks vis-a-vis Audi Alteram Partem
‘Audi alteram partem application cannot be impliedly excluded under the Master Directions on Frauds.’
PF and gratuity dues not part of liquidation estate; cannot be recovered under Section 53 of IBC which provides for waterfall mechanism: Supreme Court
Supreme Court upheld the NCLT order that the provident fund, pension fund and gratuity fund are not part of the liquidation estate, for distribution under Section 53 of the IBC and the same has to be paid to the employees under the stated heads.
Telangana High Court grants extension to the defaulter under One Time Settlement Scheme
Telangana High Court: While exercising its powers under Article 226 in case relating to delay in payment under One Time
Right to get reimbursement for foreign travel under LTC scheme is not an absolute right; Madras High Court upheld withdrawal of the scheme for SBI officers
Madras High Court: S M Subramaniam, J. upheld the decision taken by Indian Banks Association to unilaterally withdraw the facility for State
7 entities indulged in anti-competitive agreement for supply of signages for branches/offices/ATMs of SBI: E-mails exchanged between parties formed basis for manipulation of bidding process | Detailed decision of CCI
Competition Commission of India (CCI): Noting that in respect of cases concerning cartels that are hidden or secret, there is little or
Is there any provision under Cenvat Credit Rules, 2004 or Finance Act, 1994 for reversal of CENVAT credit for services provided for which no consideration is received by an assessee? CESTAT analyses
Customs, Excise and Service Tax Appellate Tribunal, Chandigarh: Coram of Ashok Jindal (Judicial Member) and CJ Mathew (Technical Member) addressed whether the
Cheque gets deposited to the account of account holder with strikingly similar name. Bank blames customer. Read why SC was “surprised” at NCDRC’s ruling
Supreme Court: In an interesting case where one SBI account holder was left with a balance of Rs. 59/- only in his
NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,