Ritu, Author at SCC Times

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court

LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does NCLAT have power to review or recall its judgment? NCLAT 5-member bench answers

A 5-member bench overturned two judgments delivered by 3-judge bench which held that the NCLAT does not have the power to review or recall its own judgements.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational creditor cannot seek to initiate CIRP against Corporate Debtor when real dispute exists: NCLAT

The NCLAT set aside Adjudicating Authority’s order initiating CIRP of the Corporate Debtor.

Case Briefs High Courts

Can time limit for filing written statement be extended? Calcutta High Court explains

The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.

Case Briefs High Courts

Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court

“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding can be restored when Consent term entered between parties includes a revival clause: NCLAT

“When consent term itself contains clause for revival, non-giving liberty specifically for revival by the Adjudicating Authority is inconsequential”, held NCLAT

Case Briefs Tribunals/Commissions/Regulatory Bodies

Section 74 of Contract Act has no application on Public Auction conducted under the Liquidation Process Regulations, 2016: NCLAT

NCLAT observed that in the instant matter “there was no title defect in the Corporate Debtor”.

Know thy Judge

Know Thy Judge | Justice M. S. Ramachandra Rao, the 28th Chief Justice of High Court of Himachal Pradesh

Sworn in as 28th Chief Justice of the High Court of Himachal Pradesh on 30-05-2023, Justice M. S. Ramachandra Rao also served as a Judge of the High Courts of Punjab and Haryana State of Telangana.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Corporate Debtor raise issue of pre-existing dispute if there is no evidence of any lacuna prior to demand notice? NCLAT answers

“The Adjudicating Authority does not appear to have committed any error in holding the alleged disputes claimed by the Corporate Debtor to be feeble as it is not supported by credible evidence.” NCLAT

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Manoj Misra

Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT modifies Rs Ten Lakh cost for being highly excessive

While speedily and effectively disposing off the present appeal, the NCLAT modified the imposed cost from Rs. 10,00,000/- to Rs. 1,00,000/- for the restoration of the company’s name in the register maintained by the ROC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No benefit to Corporate Debtor, if Criminal Proceedings were initiated after receipt of Demand Notice: NCLAT upholds NCLT’s order

While upholding NCLT’s order the NCLAT held that in the present case there is a debt which remained unpaid by the Operational Creditor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once a document admitted as evidence cannot be objected at a later stage: NCLAT

NCLAT held that once a document is relied upon as evidence and not objected to, it cannot be rejected or ignored.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Zee-Sony merger] NCLAT sets aside NCLT order directing stock exchange to reconsider approval

NCLAT set aside the NCLT’s order and remitted back the matter to NCLT to examine the same after hearing both the parties.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Abhay Shreeniwas Oka

Looking into Justice Abhay S. Oka’s life, career and important judgments which have been instrumental in protecting the rights of marginalized communities and promoting freedom of expression, thereby making him a harbinger of social change and preserver of administrative accountability.

Case Briefs High Courts

Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused

The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an application filed under Section 7 IBC by Financial Creditor is barred by Section 10A IBC? NCLAT Answers

NCLAT held that benefit under S. 10-A of IBC can only be claimed when default occurs during prohibited period – ‘05-03-2020 to 25-03-2021’.

Case Briefs High Courts

Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court

“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”

Case Briefs High Courts

Appointment of Arbitrator during pendency of reference before MSME Facilitation Council is contrary to MSMED Act: Calcutta High Court

“…being a special statute the MSMED Act will have an overriding effect vis-à-vis the Arbitration and Conciliation Act, 1996.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Threshold limit includes both principal amount and interest under IBC; NCLAT set aside NCLT’s order

NCLAT held that the Adjudicating Authority committed error in rejecting the S. 7 application for not fulfilling ‘threshold’ when Deed of Guarantee mentions about the interest on default.