Round Ups
Weekly Digest Of IBC Cases: 22nd To 28th January 2024
NCLAT When Number Of Allottees Disputed, NCLT To Decide S.7(1) Compliance Prior To Admission: NCLAT Delhi Case title: Parikshit Madanmohan Sharma v M.S. Gopikrishnan & Ors. Case No.: Company Appeal (AT) (Insolvency) No. 206 of 2023 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member)...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 1 to 7]
Adverse PossessionTenants cannot claim adverse possession against their landlords since their possession is permissive in nature. (Para 9.4) 2024 LiveLaw (SC) 17Arbitration and Conciliation Act, 1996Arbitration and Conciliation Act, 1996 - An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in...
Supreme Court Annual Digests 2023- Protection of Children from Sexual Offences (POCSO) Act
Protection of Children from Sexual Offences Act, 2012 - Juvenile Justice (Care and Protection of Children) Act, 2015; Section 3 - A support person – whether involved from the early stages of lodging a report or brought on board shortly thereafter - can play a tremendous role in offering encouragement, reassurance, and guidance, merely from their knowledge of the legalese, armed with...
Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
Prevention of Money Laundering Act (Act 15 of 2003) – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification in...
Kerala High Court Digest 2023: Negotiable Instruments Act
Complainant U/S 138 NI Act Must Specifically Assert That Power Of Attorney Holder Has Knowledge Of Impugned Transaction: Kerala High CourtCase Title: Razak Mether v. State of Kerala and Anr.Citation: 2023 LiveLaw (Ker) 24The Kerala High Court observed that a complaint filed under Section 138 of the Negotiable Instruments Act through power of attorney holder is perfectly legal and...
Orissa High Court Weekly Round-Up: January 15 To January 21, 2024
Citations: 2024 LiveLaw (Ori) 4 To 2024 LiveLaw (Ori) 9Nominal Index:Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw (Ori) 4Sk. Sadab Kadir & Ors. v. Saher Saniya, 2024 LiveLaw (Ori) 5Maxi @ Maximus Soreng v. State of Odisha, 2024 LiveLaw (Ori) 6Sangram Keshari Mohanty v. State of Odisha & Ors., 2024 LiveLaw (Ori) 7Krushna Dom @ Domb v. State of Odisha, 2024 LiveLaw (Ori)...
Supreme Court Annual Digest 2023 - Prevention Of Corruption Act
Prevention of Corruption Act, 1988 - Demand and recovery both must be proved to sustain conviction under the Act - Conviction set aside as demand was not proved. 2023 LiveLaw (SC) 232Prevention of Corruption Act, 1988 - In the present case, there are no circumstances brought on record which will prove the demand for gratification. Therefore, the ingredients of the offence under Section 7 of...
Supreme Court Annual Digest 2023- Juvenile Justice Act
Juvenile Justice (Care and Protection of Children) Act, 2000 - Bone Ossification test does not give precise age, not entirely accurate. 2023 LiveLaw (SC) 1003Juvenile Justice (Care and Protection of Children) Act, 2000 - Courts must extend the benefit of juvenility where 2 views are possible on the same evidence. 2023 LiveLaw (SC) 1003Juvenile Justice (Care and Protection of Children) Act, 2000...
Jharkhand High Court Weekly Round Up: January 15 - January 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 9-19]Pratima Devi v Union of India 2024 LiveLaw (Jha) 9M/s Bharat Petroleum Corporation Limited v Anant Kumar Singh 2024 LiveLaw (Jha) 10Vinod Shankar Jha vs State of Jharkhand & Ors. 2024 LiveLaw (Jha) 11Kunwar Ganjhu v Union of India 2024 LiveLaw (Jha) 12Mithilesh Kumar Saw @ Mithlesh Saw & ors. vs The State of Jharkhand 2024 LiveLaw...
Delhi High Court Halts PCA Arbitration Over Arbitrator Appointment Breach
The High Court of Delhi has stayed a PCA Arbitration between an African and an Indian Entity due to the constitution of the tribunal in violation of the arbitration agreement. The bench of Justice Anup J. Bhambhani, dealing with a suit seeking anti-arbitration injunction and an application seeking ad-interim injunction, restrained the defendant from proceeding further with the...
Bombay High Court Weekly Round-up: January 15, 2023 To January 21, 2023
Nominal Index [Citation 20 - 33]Sandesh Madhukar Salunkhe v. State of Maharashtra and Anr. 2024 LiveLaw (Bom) 20M/s. A. Navinchandra Steels Pvt. Ltd v. Union of India and Ors. 2024 LiveLaw (Bom) 21Maharashtra Housing And Area Development Authority v. Airport Authority of India & Anr. 2024 LiveLaw (Bom) 22Forum For Fast Justice and Anr. v. Government of Maharashtra 2024 LiveLaw...
Consumer Cases Weekly Round-Up: 15th to 21st January 2024
National Consumer Disputes Redressal Commission National Consumer Commission Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member), held that the Custom Bonded Warehouse schemes don't require the insured to own the stocked goods to claim the insurance policy and held Oriental Insurance...