India Columns

Unintentional utterance of words in anger cannot amount to abetment of suicide: Gujarat High Court

Date: Dec 1, 2022

Case Title: Ramesh Babubhai Patel v. State of Gujarat  The Gujarat High Court observed that a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot...

In appropriate circumstances, High Courts may grant Bail by invoking Article 226: Supreme Court

Date: Dec 1, 2022

Case Title: Arnab Manoranjan Goswami V. The State of Maharashtra & Ors. According to the Supreme Court, a High Court within the scope of Article 226 of the Indian Constitution has the authority to...

Notice under Section 13(2) SARFAESI Act not sufficient for instituting legal challenge, adjudication must be put on hold until S.13(4) Stage: Gujarat High Court

Date: Nov 30, 2022

Case Title: Rajesh Sukamaran Nambiar V. The Central Bank Of India Through The Chief Manager  The Gujarat High Court declined to exercise its writ jurisdiction at the stage of issuance of notice under...

Committee of Creditors cannot consider a Fresh Resolution Plan: NCLAT

Date: Nov 30, 2022

Case Title:- Steel Strips Ltd v. Avil Menezes The National Company Law Appellate Tribunal, New Delhi while dealing with an appeal filed against an order passed by NCLT Ahmedabad made certain...

The time period prescribed under regulation 35 A of IBBI is directory not mandatory: NCLAT

Date: Nov 30, 2022

Case Title:- Aditya Kumar Tibrewal v. Om Prakash Pandey The National Company Law Appellate Tribunal, New Delhi dealt with an appeal filed against an impugned order of the NCLT, wherein it had...

Upon failure of the Settlement Agreement, CIRP can be resumed: NCLAT

Date: Nov 30, 2022

Case Title:- ICICI Bank v. OPTO Circuits India Limited  The National Company Law Appellate Tribunal, Chennai, in the present case heard an appeal filed against the order of NCLT Bengaluru. In the...

Mere identification in the Test Identification Parade cannot form the substantive basis for conviction unless there are corroborating factors: Supreme Court

Date: Nov 30, 2022

Case Title: Umesh Chandra v. State of Uttarakhand The Supreme Court ruled that Test Identification Parade could not be repeated until the prosecution was successful in identifying the accused....

Analysis of Claims under Section 163-A of the Motor Vehicles Act, 1988

Date: Nov 30, 2022

An Analysis of Claims under Section 163-A of the Motor Vehicles Act, 1988: Principles, Scope, and Judicial Interpretations in India Introduction Section 163-A of the Motor Vehicles Act, 1988...

Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry: Supreme Court

Date: Nov 30, 2022

Case Title: J. Chitra v. District Collector and Chairman State Level Vigilance Committee The Supreme Court observed that repeated inquiries for verification of caste certificates would be detrimental...

To exercise the discretion in issuing warrants of arrest, Courts are required to record the reasons as contemplated under Section 87, CrPC: Supreme Court

Date: Nov 30, 2022

Case Title: Aman Preet Singh v. CBI The Supreme Court stated that when accepting a charge sheet, the Magistrate or Court must always issue a summons and not an arrest warrant. The justices Sanjay...

No Agreement can take away the Territorial Jurisdiction of NCLT: NCLAT

Date: Nov 30, 2022

Case Title:- Anil Kumar Malhotra v. M/s Mahindra & Mahindra Financial Services Ltd The National Company Law Appellate Tribunal has categorically observed that the territorial jurisdiction of NCLT to...

The right to shelter does not mean the right to government accommodation: Supreme Court

Date: Nov 30, 2022

Case Title: Union of India v. Onkar Nath Dhar The right to shelter does not imply the right to government housing, the Supreme Court noted while overturning a Punjab and Haryana High Court order...

Share Application Money does not come within the definition of Financial Debt: NCLAT

Date: Nov 30, 2022

Case Title: Pramod Sharma v.  Karanaya HeartCare Pvt. Ltd. The National Company Law Appellate Tribunal has observed that failure to repay the amount given as ‘Share Application Money’ cannot trigger...

The Doctrine of Ultra Vires: Constitutional Limits on Legislative and Executive Power in India

Date: Nov 30, 2022

The Doctrine of Ultra Vires: Constitutional Limits on Legislative and Executive Power in India I. Introduction: Defining the Doctrine The doctrine of ultra vires, which translates to "beyond powers,"...

Judicial Magistrate has wide powers under Section 178(3) to direct further investigation: Supreme Court

Date: Nov 30, 2022

Case Title: Vinubhai Haribhai and Others v The State of Gujarat and Another  The Hon’ble Supreme Court of India, vide its recent judgment dated 16 October 2019, (Vinubhai Case) arising out of a...

An Analysis of Section 7 of the Kerala General Sales Tax Act, 1963: The Compounding Scheme

Date: Nov 29, 2022

A Comprehensive Analysis of Section 7 of the Kerala General Sales Tax Act, 1963: The Compounding Scheme for Tax Payment Introduction Section 7 of the Kerala General Sales Tax Act, 1963 (hereinafter...

Suit for declaring a child missing for the last 38 years dead is not barred by limitation: Gujarat High Court

Date: Nov 29, 2022

Case Title: Mansinh Amarsinh Devdhara v. State Of Gujarat  The Gujarat High Court allowed a suit after 38 years of the occurrence of the incident. The Court explained the reason for doing so is that...

Padmanabha Swamy Temple: On advice of former royal family, Supreme Court grants administrative committee the authority of the "Ruler of Travancore"

Date: Nov 29, 2022

Case Title: SRI MARTHANDA VARMA (D) THR. & ANR. V. STATE OF KERALA & ORS. The Supreme Court ordered that the powers of "the Ruler of Travancore" under the Travancore-Cochin Hindu Religious...

Resolution Professional is not entitled to Reimbursement during the stay on Insolvency Proceedings: NCLAT

Date: Nov 29, 2022

Case Title:- IndusInd Bank Ltd. v. Mr. Rajendra K Bhuta The National Company Law Appellate Tribunal heard an appeal filed against an NCLT Mumbai order dated 16.12.2021 wherein it directed the members...

Debt Quantum cannot be decided at the admission stage under section 7 IBC: NCLAT

Date: Nov 29, 2022

Case Title: Rajesh Kedia v. Phoenix ARC Pvt. Ltd. The National Company Law Appellate Tribunal has held that the only requirement for admitting a petition under Section 7 of IBC is that the minimum...