Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

In project wise insolvency, IRP/RP cannot seek unpaid Fees/Costs from members of CoCs of another project of Corporate Debtor: NCLAT

The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.

Case Briefs High Courts

Madhya Pradesh High Court quashes POCSO Case after assessing Prosecutrix’s decision-making capacity

Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.

Case Briefs High Courts

“More than one year” is sufficient time for prudent women to uncover false marriage promises: Madhya Pradesh High Court

Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice M.M. Sundresh

Born on 21-07-1962, in the picturesque city of Erode, Justice M.M. Sundresh has achieved remarkable milestones in his legal career, culminating in his appointment as a Judge of the Supreme Court of India on 26-08-2021. His journey from a small town to the highest echelons of the Indian judiciary serves as an inspiration to many aspiring legal minds.

Case Briefs High Courts

Defaulting Buyers exempted from paying 3 times the Bank Interest Rate under Section 16 of the MSMED Act when supplier is ‘medium enterprise’: Calcutta High Court

“The irrationality of the quantum of the costs imposed will be considered at the time of determining whether the Award should be set aside under Section 34 of the 1996 Act.”

Case Briefs High Courts

[Sidhi Urination Incident] Madhya Pradesh High Court seeks reply from State in plea against the detention order against the accused

The District Collector passed a detention order under the National Security Act, 1980 against the accused, Pravesh Shukla accused of Sidhi Urination incident.

Appointments & Transfers News

SC Collegium recommends appointment of 4 Advocates as Judges for Madras, Karnataka and Bombay High Courts

Out of the 4 names, one woman advocate has been recommended by the Supreme Court Collegium for appointment as a High Court Judge.

Case Briefs High Courts

Madhya Pradesh High Court imposes Rs. 50,000/- cost on State for harassment of retired employees

Madhya Pradesh High Court criticized the Government’s approach while dealing with cases and eventually responsible for filing of number of cases in the High Court.

Case Briefs High Courts

[Teacher Recruitment Scam] Calcutta High Court directs identification of the appointed teachers in lieu of cash paid in the recruitment process

The CBI investigation report stated that “the total seizure and attachment in the case, at present, stands at Rs. 126.70 crore”.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge: Justice Ujjal Bhuyan

On 05-07-2023, the Supreme Court Collegium had recommended the appointment of Justice Ujjal Bhuyan, Chief Justice, High Court for the State of Telangana to the Supreme Court of India. Upon acceptance of the recommendation by the Law Ministry, Justice Bhuyan took oath as Supreme Court Judge on 14-07-2023.

Case Briefs High Courts

Income of a club involving contributors and participators is not taxable: Calcutta High Court

“The members of the club are seen both as contributors and participators. The club and its members are seen as one person. Usually a member has to pay to avail of the services and facilities provided by the club.”

Case Briefs High Courts

West Bengal Panchayat Election 2023: Calcutta High Court demands response from SEC on alleged violence in State after declaration of election results

“The Court is surprised to note that even after the declaration of the results, the State is not able to control the violence, which has erupted in several places.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Liquidation| Successful Bidder of sale as going concern can only pray for necessary directions in accordance with the process document: NCLAT

The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Employees entitled to Provident Fund and Gratuity Fund dues even if funds not available with Liquidator: NCLAT

NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.

Case Briefs High Courts

West Bengal Panchayat Election 2023| Calcutta High Court slams SEC & State for non-cooperating with Centre on deployment of Central Forces

Calcutta High Court directed the Chief Secretary of the State of West Bengal to call for an urgent meeting to take policy level decisions with regards to the pertaining issue.

Case Briefs High Courts

Calcutta High Court resolves ‘Seat’ versus ‘Venue’ enigma when agreement confers ‘exclusive jurisdiction’ upon a court other than venue

Calcutta High Court dismissed the present petition on the grounds of lack of jurisdiction.

Case Briefs High Courts

Arbitrator’s view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court

Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor cannot constitute Committee of Creditors with a single Operational Creditor under IBC: NCLAT

NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.

Know thy Judge

Justice Krishna Murari: Harbinger of litigants’ rights, bids adieu to the Supreme Court of India

Justice Krishna Murari, who has been serving as a Judge of the Supreme Court of India, retires after an extensive career of 4.5 years. Prior to his appointment to the Supreme Court, he had served as the Chief Justice of the High Court of Punjab and Haryana and the Judge of the High Court of Judicature at Allahabad.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

“All that the court can hope is that the elections of the Panchayat to be held on 8th July, 2023 is peaceful and the public will be entitled to cast their vote without any fear in their mind.”