Ritu, Author at SCC Times

Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.

Know thy Judge

Justice Dinesh Maheshwari, a First-Generation Judge with a Legacy of Legal Excellence, retires

Justice Dinesh Maheshwari who is serving as a Judge of the Supreme Court of India, retires today after an extensive career of 4 years. Prior to his appointment to the Supreme Court, he had served as the Chief Justice of the High Court of Karnataka and the Chief Justice of the High Court of Meghalaya.

Case Briefs High Courts

Death due to mosquito bite not ‘accident’; Calcutta High Court upholds Insurance Company’s decision

“The (buzz) word is that Mosquitoes are simply everywhere — in pools, parks, movie theatres and convention centres — pests! Perhaps the time has finally come to use cannons to kill mosquitoes.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT admits Go Air insolvency plea

A creditor has limited grounds to object to S. 10 of IBC application.

Case Briefs High Courts

[Harmonious Construction] Section 529A of Companies Act, 1956 would prevail over Income Tax Act, 1961: Madhya Pradesh High Court

“…the Act of 1956 is a special Act which govern the law regarding companies only whereas IT Act is a general Act which percolates in just about every sphere of life and is applicable to all the citizen of India when it comes to payment of Income Tax.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT imposes exemplary cost of ₹ 5 Lakhs on Trimex Industries (P) Ltd for filing frivolous litigation

NCLT imposed cost to restain Trimex Industries (P) Ltd. from filing frivolous applications which consume Tribunal’s valuable resources and time.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Intent of Corporate Debtor irrelevant in establishing existence of preferential transaction: NCLAT

There is no need to prove any fraudulent intent for a preferential transaction as per S. 43 of the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

What is the rule for settlement after constitution of ‘Committee of Creditors’? NCLAT Answers

“Any settlement after passing of the impugned order and after constitution of the CoC is only permissible when the same is approved with 90% vote share of CoC.”

Case Briefs High Courts

[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court

JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.

Case Briefs High Courts

[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case

“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.

Case Briefs High Courts

Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court

Calcutta High Court held that an arbitrator unilaterally appointed by one party lacks inherent jurisdiction to adjudicate disputes between both the parties.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No embargo on Operational Creditor to file application u/S 9 IBC, even if agreement has an arbitration clause: NCLAT

The scope and objective of the Code is ‘Resolution’, and not a ‘Recovery Mode / Forum’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mitigating factors should be considered while imposing penalty for anti-competitive behavior: NCLAT imposes 1% penalty of the turnover on Geep Industries

“…penalty @1% of the turnover for each year of continuance of the cartel would be appropriate penalty in keeping with the extent and seriousness proportionality of the anti-competitive behavior of Geep Industries.”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

To reject application under Sec. 9 IBC, a genuine pre-existing dispute must exist: NCLAT

The National Company Law Appellate Tribunal held that no pre-existing dispute regarding quality of supplied goods exist as the same was not raised before consumption of the goods.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application U/S 7 IBC not maintainable if Financial Creditor steps into the shoes of Operational Creditor; NCLAT upholds NCLT’s order

NCLAT held that the application preferred by the appellants in the second appeal under S. 7 IBC has rightly been held to be not maintainable and was rightly relegated to avail their remedy of filing the application under S. 9 IBC in relation to invoice discounting of the receivables by the seller.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Law will take its own course”; NCLAT refuses to interfere with NCLT’s order approving Resolution Plan

NCLAT held that that the allocation of meagre amount in Resolution Plan to Creditors can be questioned when the plan value earmarked for them is less than the liquidation value but same is not the case in instant matter.

Know thy Judge

Know Thy Judge | Justice Krishnan Vinod Chandran – 44th Chief Justice of Patna High Court

Former Judge of Kerala High Court, Justice K. Vinod Chandran was recently appointed as 44th Chief Justice of Patna High Court. He is popularly known for his by-the-book approach in the legal fraternity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT cannot condone delay beyond 15 days in appeal due to lack of jurisdiction even if fraud has been played

National Company Law Appellate Tribunal observed that as per S. 61(2) every appeal must be filed within 30 days before the Appellate Tribunal and the Appellate Tribunal has the jurisdiction to extend the period of 15 days if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time.

Case Briefs High Courts

New owners not liable for past dues and entitled to new connections despite refusal to pay, if nexus is not proved: Calcutta High Court

Calcutta High Court observed that no sum due will be recoverable from any consumer after a period of two years from the date when such sum first became due unless such sum was shown continuously recoverable as arrears of charges of electricity supply.

Case Briefs High Courts

Whether a promise of marriage is false from its inception or is there a possibility of breach of promise? Madhya Pradesh High Court examines

Madhya Pradesh High Court observed that “Only a false promise to marry made with an intention to deceive a woman would vitiate the woman’s consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise.”