India Columns

In the right circumstances, the CBI investigation might be ordered even after the chargesheet has been submitted: Supreme Court

Date: Dec 8, 2022

Case Title: Dr Naresh Kumar Mangla V. Smt. Anita Agarwal & Ors. Etc.  After the charge sheet had been submitted, the Supreme Court noted that it was free to order a CBI probe in the present case. In...

Agricultural lands are also subject to the heirs' preferential rights under Section 22 of the Hindu Succession Act: Supreme Court

Date: Dec 8, 2022

Case Title: Babu Ram v. Santokh Singh According to the Supreme Court, even if the property in dispute is agricultural land, the preferred right granted to a Hindu heir under Section 22 of the Hindu...

Doctrine Of Ejusdem Generis does not apply automatically unless there is a clear legislative intent that allows its applicability: J&K High Court

Date: Dec 8, 2022

Case Title: Waseem Qureshi v. UT of J&K   The Jammu & Kasmir & Ladakh High Court held that the doctrine of "ejusdem generis" cannot be made automatically applicable to restrict the words used in a...

Citizens and passengers cannot be at the mercy of the authorities or administration: Supreme Court

Date: Dec 8, 2022

Case Title: Northern Western Railway and Another v. Sanjay Shukla To establish and demonstrate that a train's late arrival was due to circumstances beyond their control, the Supreme Court ruled that...

Not possible to sustain the freezing of bank account under Section 102 Cr.P.C. as Prevention of Corruption Act is a separate Code in itself: Supreme Court

Date: Dec 8, 2022

Case Title: Ratan Babulal Lath v. The State Of Karnataka According to the Supreme Court, Section 102 of the Code of Criminal Procedure cannot be used to attach a person's bank account who has been...

In order to get relief from an arbitrary State action, one may apply the doctrine of legitimate expectation: Supreme Court

Date: Dec 8, 2022

Case Title: The State of Jharkhand and Ors. V. Brahmputra Metallics Ltd., Ranchi and Anr. The Supreme Court's ruling in the present case is a useful resource for understanding the legal concepts of...

Arbitration is rendered ineffective and expensive by pre-deposit clauses: Supreme Court

Date: Dec 8, 2022

Case Title: M/s ICOMM Tele Ltd. v. Punjab State Water Supply & Sewage Board & Anr. The Supreme Court has noted that pre-deposit clause in arbitration agreements would make the arbitration procedure...

A person Under Inquiry for Sexual Harassment Cannot Be Represented Before ICC by a Lawyer or Next Friend, which will adversely affect the Complainant: Delhi HC

Date: Dec 7, 2022

Case Title: XYZ v. UNION OF INDIA & ORS  According to the Delhi High Court, allowing someone who is the subject of a sexual harassment inquiry by the Internal Complaints Committee (ICC) to be...

Issuance of post-dated cheques cannot be taken to be unqualified admission of debt: NCLT

Date: Dec 7, 2022

Case Title:- N.C. Goel & Maya Goel v. Piyush Infrastructure India Private Limited The National Company Law Tribunal, Allahabad while dealing with a section 7 application under the Insolvency and...

Politically Unaffiliated Organizations Supporting Public Causes Are Not Prohibited from Accepting Foreign Contributions: Supreme Court

Date: Dec 7, 2022

Case Title: Indian Social Action Forum (INSAF) V. Union of India The Foreign Contribution (Regulation) Act (FCRA) 2010 and the Rules enacted thereunder do not prohibit groups promoting public causes...

Salary Arrears due beyond 3 years cannot form a basis to initiate CIRP since the same is barred by limitation: NCLAT

Date: Dec 7, 2022

Case Title:- Omega Laser Products B.V v Anil Agrawal The National Company Law Appellate Tribunal, Principal Bench dealt with an appeal filed against an order passed by NCLT Delhi wherein an...

Hate Speech rejects the Right to Equality in a Pluralistic Political System: Supreme Court

Date: Dec 7, 2022

Case Title: Amish Devgan V. Union of India & Ors. The idea of "hate speech" was extensively discussed by the Apex Court in the present case. In their ruling, Justices A. M. Khanwilkar and Sanjay...

Remuneration during the notice period does not fall within the ambit of Operational Debt: NCLT

Date: Dec 7, 2022

Case Title:- Sandesh Naik v. MT Educare Ltd. The National Company Law Tribunal, Mumbai while dealing with an application filed u/s 9 of the Insolvency and Bankruptcy Code for initiating Corporate...

Guidelines issued by IBC and RBI are two disjointed sets therefore none can prevail over another: NCLT

Date: Dec 7, 2022

Case Title: Reserve Bank of India v SREI Infrastructure Finance Limited The National Company Law Tribunal has observed that the guidelines issued by Reserve Bank of India and those under the...

Disease resulting from an Insect Bite occurring in the regular course of things is not covered by "Accident" Insurance: Supreme Court

Date: Dec 7, 2022

Case Title: Branch Manager, National Insurance Co. Ltd vs. Mousumi Bhattacharjee According to the Supreme Court, an illness that is caused or spread by an insect bite or virus in the normal run of...

An individual lender cannot invoke a personal guarantee without obtaining consent from other co-lenders after signing a Security Trustee Agreement: NCLT

Date: Dec 7, 2022

Case Title:- IDBI Bank Ltd. v Manoj Gaur (Personal Guarantor of Corporate Debtor Jaypee Infratech Ltd.) The National Company Law Tribunal while dealing with an application u/s Section 95 of the...

UGC may be flexible in postponing exams at the request of States: Supreme Court

Date: Dec 7, 2022

Case Title: PRANEETH K AND ORS. V. UNIVERSITY GRANTS COMMISSION (UGC) AND ORS. The following guidelines were made by the Supreme Court in response to petitions contesting the University Grants...

Wife has the right to claim the residence that belongs to the husband's relatives: Supreme Court

Date: Dec 7, 2022

Case Title: SATISH CHANDER AHUJA v. SNEHA AHUJA  In a significant verdict overturning the 2006 decision in S.R. Batra v. Taruna Batra, the Supreme Court declared that a woman has the right to assert...

There is no time limit for seeking a declaration that a marriage is Null and Void: Supreme Court

Date: Dec 7, 2022

Case Title: Swapnanjali Sandeep Patil v. Sandeep Ananda Patil According to Section 24 of the Special Marriage Act, there is no time limit set forth for presenting a petition for a declaration that a...

When granting Default or Statutory Bail under Section 167(2) of Criminal Procedure Code, Court cannot impose a condition requiring the deposit of money: Supreme Court

Date: Dec 7, 2022

Case Title: Saravanan v. State According to the Supreme Court, a conditional deposit of money cannot be required when default bail or statutory bail is granted under Section 167(2) of the Code of...