India Columns

Conviction Upheld in a 22-Year-Old Murder Case on the Basis of The Testimony of an Injured Witness: Orissa High Court

Date: Nov 8, 2022

Case Title: Harekrushna Naik & Ors. v. State of Orissa   The Orissa High Court upheld the conviction of three murder convicts ensuing life sentence awarded to them in a '22-year-old' case. The same...

Rajni Paan sale is halted by the Delhi High Court because it is a Rajnigandha Well-Known Trademark, Entitled To a Higher Degree Of Protection

Date: Nov 8, 2022

Case Title: Dharampal Satyapal Limited & Anr. v. Mr. Youssef Anis Mehio & Ors. Recently, the Delhi High Court issued a ruling in favour of Dharampal Satyapal Limited, the company that makes the...

Plea for Uniform Civil Code refused by the Apex Court

Date: Nov 8, 2022

Case Title: Anoop Baranwal And Anr. v. UoI and Anr. The Apex Court refused to entertain a petition seeking a Uniform Civil Code for India. However, it remarked that the report of Law Commission which...

Gujarat High Court Declines Contempt Action Over Failure to Register Rape FIR as the Complaint was already registered

Date: Nov 8, 2022

Case Title: Anjaliben Prakashbhai Trivedi v. Jaydeepsinh K Rathod  The Gujarat High Court declined to entertain a contempt petition against a Police Inspector for allegedly failing to comply with the...

Proceedings Against the Personal Guarantor of Corporate Debtor Can Be Continued Independently: Supreme Court

Date: Nov 8, 2022

Case Title: Mahendra Kumar Jajodia v. State Bank of India  The Supreme Court dismissed a civil appeal filed against the Judgement of National Company Law Appellate Tribunal (NCLAT) in 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 7, 2022

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

No Authority shall exercise excess powers or any power, which is otherwise not conferred under the Statute: Madras High Court

Date: Nov 7, 2022

Case Title: Prasanna Gunasundari v. The Deputy Inspector General of Police and others The Madras High Court recently stated that Governor of a State is the only person with the executive authority to...

Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC

Date: Nov 7, 2022

Case Title: Gurjeet Singh v. State Of Nct Of Delhi  The Delhi High Court observed that “the effect of non-compliance, if any, of any mandatory provision by the Investigating Officer, any irregularity...

The GST Circular denying ITC the same input and output supplies violates the statute: Rajasthan High Court

Date: Nov 7, 2022

Case Title: Baker Hughes Asia Pacific Limited v. Union of India The Rajasthan High Court ruled that the GST circular dated 31.03.2020, which is contrary to the parent legislation, cannot be used to...

NCLT has the power to recall its orders: NCLAT

Date: Nov 7, 2022

Case Title: Printland Digital (India) Pvt. Ltd. versus Nirmal Trading Company The NCLAT in the abovementioned case observed that the National Company Law Tribunal has power to recall its order of...

Entries in Birth Register in India

Date: Nov 6, 2022

The Legal Framework and Evidentiary Significance of Entries in Birth Registers in India Introduction The registration of births is a fundamental civil process, establishing an individual's legal...

Re-evaluation of Answer Sheets in India

Date: Nov 4, 2022

The Legal Labyrinth of Re-evaluation of Answer Sheets in India: A Judicial Conspectus Introduction Examinations form the bedrock of academic and professional selection processes in India, acting as a...

Appeal as a whole does not abate merely because the Legal Representatives of some deceased respondents were not brought on record: Supreme Court

Date: Nov 4, 2022

Case Title: Delhi Development Authority V. Diwan Chand Anand The Supreme Court stated that a single failure to replace the legal representation of certain respondents who passed away while the appeal...

Article 1 of the Limitation Act cannot be invoked in the proceedings under the Insolvency and Bankruptcy Code, 2016: NCLAT

Date: Nov 4, 2022

Case Title: S. M. Ghogbhai v. Schedulers Logistics India Pvt. Ltd The National Company Law Appellate Tribunal Bench, comprising Justice Ashok Bhushan and Dr Alok Srivastava, while adjudicating in the...

Central Government and IBBI should consider a legislative change for payment to operational creditors under the Resolution Plan: NCLAT

Date: Nov 4, 2022

Case Title: Damodar Valley Corporation v. Dimension Steel and Alloys  The National Company Law Appellate Tribunal bench while adjudicating the present case, considered issue of payment to operational...

Applicability of section 27A is seriously questionable: SC upholds Bail granted to NDPS accused

Date: Nov 4, 2022

Case Title: State of West Bengal vs Rakesh Singh @ Rakesh Kumar Singh The Supreme Court stated that in a situation where the applicability of Section 27A NDPS Act is substantially disputed, there has...

Court under sections 34 & 37 Arbitration Act cannot modify an award; it can only remand the case: Supreme Court

Date: Nov 4, 2022

Case Title: National Highways Authority of India V.  P.Nagaraju @ Cheluvaiah The Supreme Court noted that a Court cannot amend the arbitrator's judgement under Sections 34 or 37 of the Arbitration...

Dedication of property as religious endowment can be inferred from circumstances; express dedication or document not required: Supreme Court

Date: Nov 3, 2022

Case Title: R.M. Sundaram @ Meenakshisundaram V. Sri Kayarohanasamy And Neelayadhakshi Amman Temple According to the Supreme Court, a property's dedication as a religious endowment might be inferred...

The object of IBC is not to facilitate money recovery proceedings but to facilitate CIRP: Supreme Court

Date: Nov 3, 2022

The Supreme Court in Invest Asset Securitisation and Reconstruction Pvt. Ltd. versus Girnar Fibres Ltd while adjudicating an appeal filed in the case, observed that the provisions of IBC circumscribe...

A Threshold of Rupees 1 Crore Is Required for Initiation of CIRP, Even If the Consent Terms of the Earlier Section 7 Application Are Not Met : NCLAT

Date: Nov 3, 2022

The NCLAT, Principal Bench, New Delhi in Prafulla Purushottamrao Gadge v. Narayan Mangal observed that an application filed after 24.03.2020 under Section 7 of the Insolvency and Bankruptcy Code,...