Round Ups
Supreme Court Weekly Roundup (22nd January 2023 - 28th January 2023)
Judgements/OrdersESI Act Applicable To Factory Or Establishment Irrespective Of Number Of Persons Employed : Supreme CourtCase Title: The ESI Corporation v. M/s . Radhika Theatre | CA 312 OF 2023 | 20 Jan 2023Citation: 2023 LiveLaw (SC) 53Coram: Justice M.R. Shah and Justice C.T. RavikumarThe Supreme Court held that Section 1(6) of the Employees’ State Insurance Act, 1948 (ESI Act),...
Kerala High Court Weekly Round-Up: January 23 To 29 January, 2023
Nominal Index [Citation: 2023 LiveLaw(Ker) 39-47]Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 39Firozalavi T.V. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 40Kerala State United Nurses Association v. State of Kerala 2023 LiveLaw (Ker) 41Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep 2023 LiveLaw(Ker)...
Supreme Court Annual Digest 2022- TAX
See Also: Supreme Court Annual Digest 2022 - Income Tax Central Excise Act, 1944; Section 11B - Central Excise Rules, 2002 ; Rule 18 - While making claim for rebate of duty under Rule 18 of the Central Excise Rules, 2002, the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 shall have to be applied and applicable. (Para 15) Sansera Engineering Ltd....
Delhi High Court Weekly Round-Up: January 23 To January 29, 2023
Citations 2023 LiveLaw (Del) 74 to 2023 LiveLaw (Del) 95NOMINAL INDEXRaghav Bahl v. ED 2023 LiveLaw (Del) 74N v. Principal Secretary Health and Family Department GNCTD & Ors. 2023 LiveLaw (Del) 75ISHA v. STATE (NCT OF DELHI) & ORS. 2023 LiveLaw (Del) 76RS v. STATE OF NCT DELHI AND ANR. 2023 LiveLaw (Del) 77Ram Prakash Chauhan Versus Commissioner of Delhi (GST) 2023 LiveLaw (Del)...
Arbitration Cases Weekly Round-Up: 22 To 28 January, 2023
Bombay High Court: Award Debtor Failed To Take Recourse To S. 26 of Arbitration Act; Cannot Challenge Award Claiming Expert Was Not Examined: Bombay High Court Case Title: Zenobia Poonawala versus Rustom Ginwalla & Ors. The Bombay High Court has ruled that if an award debtor has failed to take recourse to the provisions of Section 26 of the Arbitration and Conciliation Act,...
Supreme Court On Corruption (2022)
Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read...
Supreme Court Annual Digest 2022- SARFAESI Act 2002
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited. (Para 24, 35) Indian Overseas Bank v. RCM Infrastructure Ltd; 2022 LiveLaw (SC) 496 : AIR 2022 SC 2687 : (2022) 8...
Supreme Court Monthly Digest: December 2022
Judgements/OrderCut-Off Date For Acquiring Qualification For The Post Advertised Is The Last Date Of Application : Supreme CourtCase Details: Himachal Pradesh State Electricity Board Ltd. vs Dharminder Singh | 2022 LiveLaw (SC) 999 | CA 8828 OF 2022The Supreme Court observed that the cut-off date for acquiring the qualification advertised is the last date of application.In this case, the...
Supreme Court Annual Digest 2022- Prevention of Money Laundering Act (PMLA), 2002
Prevention of Money Laundering Act 2002 - Money laundering is an independent offence. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867 Prevention of Money Laundering Act 2002 - Protective order passed against one investigating agency cannot operate against another investigating agency even if there are factual similarities in allegations- Interim...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 16 – 22, 2023]
SUBJECT WISE INDEX Arbitration 12 month’s time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 Bail Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of...
Supreme Court Annual Digest 2022- Service Law
Acquittal in Criminal Case Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond...
IBC Cases Weekly Round-Up: 16 January To 22 January 2023
NCLAT NCLAT Delhi Upholds Dismissal Of Application Seeking Restraint On Oyo From Proceeding With IPO Case Title: Jagadish v Oyo Hotels & Homes Pvt. Ltd. Case No.: Company Appeal (AT) (Insolvency) No. 1408 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun...