India Columns

Guidelines for better functioning of Child Care Institutions issued by the Delhi High Court

Date: Nov 10, 2022

Case Title: Rajesh Kumar V. State (Govt. of NCT of Delhi) & ors. The Delhi High Court remarked in the aforementioned case that it is regrettable that the "apathy of authorities" is seeping through...

The Committee of Creditors has the jurisdiction to Revise the Approved Fees of the Resolution Professional: NCLAT

Date: Nov 10, 2022

Case Title: Kushwinder Singhal v. Reena Tiwari The Hon'ble National Company Law Appellate Tribunal, principal bench, adjudicating in this case held that the committee of creditors has the...

Person Not Appearing & Pleading Before Courts Not An "Advocate": Gujarat High Court

Date: Nov 9, 2022

Case Title: Pruthvirajsinh Bhagirathsinh Jadeja v. State Of Gujarat & 2 Other(s)  The Gujarat High Court has reiterated that a lawyer who does not appear and plead before courts cannot designate...

The proprietor of a registered design doesn't forfeit its right merely because it hasn't enforced it against all infringers: Delhi High Court

Date: Nov 9, 2022

Case Title: Relaxo Footwears Ltd v. Aqualite India Ltd & Anr. According to the Delhi High Court, a registered design's owner does not automatically lose that right because they have yet to take legal...

Not Required To Provide Would-Be Accused With A Hearing Opportunity Before Court Files A Complaint Under Section 195, 340 CrPC: Supreme Court

Date: Nov 9, 2022

Case Title: State of Punjab v. Jasbir Singh The Supreme Court ruled that it is not required to allow a would-be-accused hearing before filing a complaint under Section 195/340 CrPC. The Three Judges...

"No Accused is Incapable of being Reformed": Allahabad HC modifies sentence from life term to 10 years

Date: Nov 9, 2022

Case Title: Babu V. State of U.P "No accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in...

The Supreme Court affirms the legality of the 2014 Haryana Sikh Gurudwara (Management) Act

Date: Nov 9, 2022

Case Title: Harbhajan Singh v. State of Haryana and others The Supreme Court upheld the Haryana Sikh Gurudwara (Management) Act 2014 and dismissed petitions challenging the Act's constitutionality. A...

Appeal To NCLAT Shall Be Filed Within a Period Of 30 Days: Supreme Court

Date: Nov 9, 2022

Case Title: Safire Technologies Pvt. Ltd Vs Regional Provident Fund Commissioner & Anr  The Supreme Court reiterated that an appeal against the order of NCLT shall be filed before the NCLAT within a...

Section 18, Limitation Act Is Applicable to the Proceedings taking place under the Insolvency and Bankruptcy Code: Supreme Court

Date: Nov 9, 2022

Case Title: State Bank of India v. Krishidhan Seeds Private Limited  The Supreme Court observed that, “(i) The provisions of Section 18 of the Limitation Act are not alien to and are applicable to...

There has to be some end to the luxury to litigate: Delhi High Court to Facebook's Indian subsidiary

Date: Nov 9, 2022

Case Title: Facebook India Online Services Private Limited v. CCIThe Delhi High Court rejected the appeal by Facebook India Online Services Private Limited contesting the Competition Commission of...

If an alternative remedy is available in the form of an Appeal, then a writ petition or Revision under Art.227 is not entertained: Supreme Court

Date: Nov 9, 2022

Case Title: Mohamed Ali v. V. Jaya The Supreme Court stated that when a statutory alternative remedy in the form of an appeal is available, a writ petition/Revision Petition under Article 227 of the...

NCLAT requests IBBI and MCA to amend CIRP regulations so as to reflect in the book or record of the corporate debtor

Date: Nov 9, 2022

Case Title: Employees Provident Fund Organisation v. Subodh Kumar Agarwal The National Company Law Appellate Tribunal, principal bench adjudicating in this case requested the Ministry of Corporate...

According to Article 19(1)(g), the right to establish educational institutions is a fundamental right that cannot be restricted by Executive Order: Supreme Court

Date: Nov 9, 2022

Case Title: Pharmacy Council of India v. Rajeev College of Pharmacy And Ors.  The Supreme Court ruled that the right to create an educational institution is a basic right under Article 19(1)(g) of...

Is Same-Day Sentencing Correct in Death Penalty Cases? Issue Referred To A Larger Bench By The Supreme Court

Date: Nov 9, 2022

Case Title: RE: FRAMING GUIDELINES REGARDING POTENTIAL MITIGATING CIRCUMSTANCES TO BE CONSIDERED WHILE IMPOSING DEATH SENTENCES  The question of whether the accused should be heard before receiving...

The Order Terminating the Arbitral Proceedings Cannot Be Recalled by The Arbitral Tribunal: Delhi HC

Date: Nov 8, 2022

Case Title: Vag Educational Services v. Aakash Educational Services Ltd. The Delhi High Court has ruled that once the arbitral tribunal terminates the arbitration proceedings due to the claimant...

Consent Of Woman's Family Not Needed for Abortion, Doctors Cannot Impose Extra Legal Conditions: Supreme Court

Date: Nov 8, 2022

Case Title: X v. Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi  The Supreme Court observed that a woman does not need any consent from her family to terminate her...

Supreme Court restores acquittal of an accused in a murder case, after finding fault in High Court's order

Date: Nov 8, 2022

Case Title: Ravi Sharma v. State (Govt. of NCT of Delhi) and anr After finding fault in High Court’s order, the Supreme Court restored acquittal of an accused in a murder case. In the aforementioned...

Resolution Professional Cannot Decide The Eligibility Under Section 29A Of The Insolvency And Bankruptcy Code, 2016: NCLAT

Date: Nov 8, 2022

Case Title: Shravan Kumar Vishnoi v. Upma Jaiswal and Ors.  The NCLAT observed that the Resolution Professional is not required to take a decision regarding the ineligibility of the Resolution...

The Kerala Education Rules, 1959: A Labyrinth of Regulation, Rights, and Judicial Scrutiny

Date: Nov 8, 2022

The Kerala Education Rules, 1959: A Labyrinth of Regulation, Rights, and Judicial Scrutiny Introduction The Kerala Education Act, 1958 (hereinafter "the Act") and the subsequent Kerala Education...

Written submissions under Rule 28(7) cannot be used to reopen the entire debate in Patent Application: Delhi HC

Date: Nov 8, 2022

Case Title: FMC Corporation V. The Controller of Patents According to the Delhi High Court, it is not possible to reopen the whole discussion in a patent application by the use of written submissions...