India Columns

Can challenge to proceedings under Section 12 Domestic Violence Act be sustained under Article 227 Constitution and S.482 CrPC: Madras HC refers the issue to a larger bench

Date: Nov 16, 2022

Case Title: Arul Daniel and others v. Suganya The subject of whether the provisions of Section 482 CrPC and/or Article 227 of the Constitution apply to invalidate an application under Section 12 of...

Political Parties to Post Candidates' Criminal Background Checks for Lok Sabha & Assembly Elections: Supreme Court

Date: Nov 16, 2022

Case Title: Rambabu Singh Thakur V. Sunil Arora & Ors. The Supreme Court ordered all political parties to publish the specifics of their candidates' criminal backgrounds in the Lok Sabha and Assembly...

No recovery of 'Excess Retiral Benefits' possible if an officer is allowed to work beyond the retirement date: Bombay HC

Date: Nov 16, 2022

Case Title: Dr. Prakash Borulkar V. State of Maharashtra and Ors. After the government clearly stated that only public health department doctors were to be given extensions of two years in service...

Question of Limitation- Cheque Bounce Complaint Filed Before Expiry Of 15 Days from Date of Receipt of Notice by Drawer Is Not Maintainable: Supreme Court

Date: Nov 15, 2022

Case Title: Gajanand Burange v. Laxmi Chand Goyal  The Supreme Court observed that a cheque bounce complaint filed before the expiry of 15 days from the date of receipt of notice by the drawer of the...

Initiation of CIRP cannot be barred on the grounds of the pendency of proceedings before DRT, SARFAESI, or other forums: NCLAT

Date: Nov 15, 2022

Case Title: Mr Amar Vora v. City Union Bank Ltd.,  The Hon'ble National Company Law Appellate Tribunal, Chennai, while adjudicating a matter in the aforementioned case held that a petition can be...

The expression 'shall be' preceding 27 per cent occurring in Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, be construed as 'maybe': Supreme Court

Date: Nov 15, 2022

Case Title: Vikas Kishanrao Gawali v. State Of Maharashtra Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which allows for the reservation of 27% of seats in...

Time limit specified in an agreement cannot be neglected in grant of Specific Performance: Supreme Court

Date: Nov 15, 2022

Case Title: Kolli Satyanarayana (D) v. Valuripalli Kesava Rao Chowdary (D)  The Supreme Court observed that time limit(s) specified in the agreement cannot be ignored altogether by the Court while...

Supreme Court upholds the West Bengal Madrasah Service Commission Act, on the ground that minority Educational Institutions do not have an unfettered Right of Appointment

Date: Nov 15, 2022

Case Title: SK Md Raffique V. Managing Committee, Contai Rehmania High Madrasah and ors The West Bengal Madrasah Service Commission Act of 2008 was maintained as constitutional by the Supreme Court,...

If the sole proprietor is a foreign resident, the business will be subject to International Commercial Arbitration: Supreme Court

Date: Nov 15, 2022

Case Title: Amway India v. Ravindranath Rao and another Although the proprietor is conducting business in India, the Supreme Court has ruled that a sole proprietorship will be subject to...

NCLT is not entitled to suo moto classify a transaction as preferential: NCLAT

Date: Nov 15, 2022

Case Title: Sahara India v. Shri Nandkishor Vishnupant Deshpande and Another  The NCLAT bench, comprising Justices M. Venugopal and Dr Ashok Kumar Mishra, adjudicating in the case held that the NCLT...

The Constitution protects the Right to free speech, expression, and online trade and commerce: Supreme Court

Date: Nov 15, 2022

Case Title: Anuradha Bhasin V. Union of India and ors The Supreme Court's ruling on the lockdown in Kashmir has significant ramifications, including the statement that freedom of speech and...

Signature on the award, not merely a ministerial act, or an empty formality which can be dispensed with: Supreme Court

Date: Nov 15, 2022

Case Title: Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/S Navigant Technologies Pvt. Ltd. According to the Supreme Court, the term of limitation for filing the Petition under Section 34 of the...

The Madras High Court grants POCSO accused's request to recall the victim for cross-examination, noting that the accused must be given a chance to present his defence

Date: Nov 15, 2022

Case Title: Sankar v. State  According to the court, Section 33(5) of the Act was only added to ensure that children shouldn't be summoned to court for examination on a regular basis since doing so...

If no separate category is provided in Sporting events, Transgender persons have the freedom to participate in the category of their choice: Kerala HC

Date: Nov 15, 2022

Case Title: Anamika v. State of Kerala and Others. The Kerala High Court ruled in the Writ Petition that transgender people must be allowed to compete in their preferred category in athletic events...

"Heinous offences" not used to describe offences that have a maximum penalty of more than 7 years but no mandatory minimum sentence: Supreme Court

Date: Nov 15, 2022

Case Title: Shilpa Mittal V. State (NCT of Delhi) & Anr The Juvenile Justice (Care and Protection of Children) Act of 2015's Section 2(33) does not apply to offences that have a maximum punishment of...

CIRP cannot be invoked on the grounds of unpaid LTC and leave encashment dues: NCLAT

Date: Nov 15, 2022

Case Title: Kishore K. Lonkar v. Hindustan Antibiotics Ltd.  The Hon'ble NCLAT held that the operational debt for the purpose of initiation of CIRP does not go to the extent of leave encashment or...

It is acceptable to carry out Joint Auction under the IBC and SARFAESI: NCLAT

Date: Nov 15, 2022

Case Title: Ayan Mallick v. Pratime Bayal  The NCLAT held that a joint auction is permissible under the provisions of IBC, 2016, and SARFAESI, 2002, in order to maximize the value of the assets of...

Anticipatory Bail cannot be limited to a fixed period except in special and peculiar circumstances: Supreme Court

Date: Nov 14, 2022

Case Title: Sushila Aggarwal &Ors. V. State (NCT of Delhi) & Ors.  According to the Supreme Court, anticipatory bail should not always be confined to a set amount of time. However, the five-judge...

Consumer Forum has no power to extend the time beyond 45 days for the opposite party's version: Supreme Court

Date: Nov 14, 2022

Case Title: New India Assurance Co. Ltd. V. Hilli Multipurpose Cold Storage Pvt Ltd. The Consumer Protection Act's 45-day deadline for providing the opposing party's account of the events in a...

Is the day of remand included or excluded when examining a petition for default bail: Case referred to a larger bench by the Supreme Court

Date: Nov 14, 2022

Case Title: ENFORCEMENT DIRECTORATE v. KAPIL WADHAWAN The Court was hearing an appeal against a Bombay High Court decision which found that the day of remand had to be included in determining the...