India Columns

Interest-Free Security Deposit is a kind of Operational Debt: NCLT

Date: Nov 29, 2022

Case Title: Vibrus Homes Pvt. Ltd. v. Ashimara Housing Pvt. Ltd The National Law Company Tribunal has observed that an interest-free security deposit towards an advance license fee qualifies as an...

Investment in a Joint Venture in the capacity of a Promotor and Investor will not come under Financial Debt: NCLAT.

Date: Nov 29, 2022

Case Title:- M/s Jagbasera Infratech Private Ltd. v Rawal Variety Construction Ltd.  The National Company Law Tribunal has explicitly held that the amount invested in a Joint Venture project in the...

Resolution Plan can have Nil Payment to the Operational Creditors: NCLAT

Date: Nov 29, 2022

Case Title:- Genus Security and Allied Service v. Mr Shivadutt Bannanje & Anr The National Company Law Appellate Tribunal has observed that ‘Nil Payment’ to the operational creditors is permissible...

Relationship is not considered a factor to Affect credibility of a witness: Allahabad High Court

Date: Nov 29, 2022

Case Title: Kanta v. State of U.P.  The Allahabad High Court observed that “Merely because the witnesses are family members their evidence cannot per se be discarded. When there is an allegation of...

The main purpose of section 319 CrPC is to not permit a person who deserves to be tried to go scot-free: Allahabad High Court

Date: Nov 29, 2022

Case Title: Rameshwar And Another v. the State of U.P. and Another The Allahabad High Court noted that under Section 319 CrPC, the Court has been given the power to proceed against other persons...

Privileges of an elected body of the Legislative Assembly and consequently of its committees must be given importance: Supreme Court

Date: Nov 29, 2022

Case Title: Ajit Mohan & Others v. Legislative Assembly, National Capital Territory of Delhi and others The Supreme Court rejected to vacate the summons issued to Facebook India Managing Director...

Owner's Recourse to S.451 CrPC for Release of Seized Vehicle on Superdari Not Barred under the NDPS Act: P&H High Court

Date: Nov 29, 2022

Case Title: Sanju v. State of Punjab  The Punjab & Haryana High Court observed that, "There is no provision in the (NDPS) Act concerned, which bars the owner concerned to recourse the mandate of...

Scope Of Granting Interim Injunction Under Section 135 of Trademarks Act is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

Date: Nov 29, 2022

Case Title: G. M. Sheik & Ors. v. M/s Raja Biri Private Ltd & Ors.  The Kerala High Court observed that the scope of granting ad interim injunction is limited and caution must be exercised while...

All the adverse evidence has to put in the form of questions to fulfill the purpose of Section 313 CrPC: Supreme Court

Date: Nov 29, 2022

Case Title: Jai Prakash Tiwari v. State of Madhya Pradesh The accused was given concurrent punishment after being convicted under Section 307 of the Indian Penal Code,1860 (often known as the "IPC")...

Human Rights Commission is only empowered to recommend a compensation under section 18 of the Protection of Human Rights Act: Orissa High Court

Date: Nov 28, 2022

Case Title: State of Odisha & Ors. v. Radhakanta Tripathy & Anr.  The Orissa High Court held that Section 18 of the Protection of Human Rights Act, 1993 provides for steps during and after inquiry....

Equal Pay for Equal work does not mean an employee can claim equal pay on a mere similarity of designation or identical quantum of work: Supreme Court

Date: Nov 28, 2022

Case Title: State of Madhya Pradesh Through Principal Secretary & Ors. v. Seema Sharma  Service Law doctrine ‘Equal Pay for Equal Work’ cannot be invoked by an employee merely on the basis that he...

A Plaint Under Order VII Rule 11 CPC Can Be Rejected Suo Moto by the Court: Supreme Court

Date: Nov 28, 2022

Case Title: Patil Automation Private Limited v. Rakheja Engineers Private Limited The Supreme Court in the present case observed that a Court has power to reject a plaint suo motu invoking its powers...

The State may adopt reasonable rules to ensure transparency in Minority Institutions' administration despite Article 30: Supreme Court

Date: Nov 28, 2022

Case Title: CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION V. UNION OF INDIA AND ORS. The Supreme Court of India reiterated the principles regulating minority educational institutions under Article 30...

The Landlord merely accepting the rent post the expiry of the lease does not amount to its automatic renewal: Supreme Court

Date: Nov 28, 2022

Case Title: K.M. Manjunath V. Erappa. G (D)  The Supreme Court observed that mere acceptance of rent by the landlord after expiry of time period of the lease would not amount to a waiver of the...

Legislature of a State, State Act or State Government shall be construed as a reference to Parliament, Central Act or the Central Government respectively under Article 243ZR: Supreme Court

Date: Nov 28, 2022

Case Title: Union of India v. Rajendra Shah and others The Supreme Court upheld a 2013 Gujarat High Court decision that struck down provisions of the Constitution (97th Amendment) Act 2011 that...

Bail cannot be allowed on parity especially when the co-accused was granted bail without assigning any reasons: Allahabad High Court

Date: Nov 28, 2022

Case Title: Manish v. the State of U.P  Analysing a CrPC principle that allows bail on parity i.e. applicant is usually granted bail if the co-accused in the same case has already been granted bail,...

The Admissibility of Electronic Evidence Requires a Certificate Pursuant to Section 65B (4) of the Evidence Act: Supreme Court

Date: Nov 28, 2022

Case Title: ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL AND ORS. According to the Supreme Court, the certificate needed by Section 65B(4) of the Indian Evidence Act is a prerequisite for...

A Court is well within its right to order sentences to run concurrently: Supreme Court

Date: Nov 28, 2022

Case Title: Malkeet Singh Gill v. State of Chhattisgarh The Supreme Court held that the Courts have full discretion to order sentences for two or more offences at one trial to run concurrently. Brief...

Order Discharging Rape Accused on Sole Ground of Delay in Lodging FIR Set Aside: Supreme Court

Date: Nov 28, 2022

Case Title:  X v. Amit Kumar Tiwari  The Supreme Court in setting aside a judgment of the Madhya Pradesh High Court which discharged a rape accused on the ground of delay in the registration of the...

Suo Moto Lockdown or Extension of Limitation Won't Affect Accused's Right to Default Bail: Supreme Court

Date: Nov 28, 2022

Case Title: S.KASI V. STATE THROUGH THE INSPECTOR OF POLICE  The Supreme Court ruled that the government's lockdown restrictions and its suo moto decision extending the statute of limitations would...