The NCLT has jurisdiction to adjudicate disputes which arise solely from or which relate to the insolvency of the Corporate Debtor. The Court, however, issued a note of caution to the NCLT and NCLAT to ensure that “they do not usurp the legitimate jurisdiction of other courts, tribunals and fora when the dispute is one which does not arise solely from or relate to the insolvency of the Corporate Debtor. The nexus with the insolvency of the Corporate Debtor must exist.” Jurisdiction of the NCLT/NCLAT over contractual disputes “NCLT owes its existence to statute. The powers and functions which ..read more

The Budget Session, 2021 of Parliament, which commenced on January 29, 2021, has been adjourned on March 25, 2021. During this session, a total of 20 Bills (17 in Lok Sabha and 03 in Rajya Sabha) were introduced. 18 Bills were passed by Lok Sabha and 19 Bills were passed by Rajya Sabha. Arbitration and Conciliation (Amendment) Bill, 2021 On 11th March 2021, the Central Government has notified the ‘The Arbitration and Conciliation (Amendment) Act, 2021’. The Amendment Act is deemed to have come into effect from 4th November 2020. The Amendment Act seeks to repeal The Arbitration and Conciliat ..read more

Subramonium Prasad, J., addressed a matter wherein it was reiterated that the initial burden of proving the burden of the non-existence of debt is on the accused under Section 118 of Negotiable Instruments Act, 1881. The instant revision petition was filed against the order passed dismissing the appeal and affirming the Metropolitan Magistrate’s order convicting the petitioner for offences punishable under Section 138 of Negotiable Instruments Act, 1881. Petitioner has also challenged the order wherein the petitioner has been sentenced to undergo imprisonment for a period of two months and als ..read more

Alka Sarin, J., heard the instant filed by a couple seeking police help to restrain the respondents from interfering with the life and liberty of the petitioners. The Bench said, Panchayati divorce has no recognition in the eyes of law as by the virtue of Section 4 of the Hindu Marriage Act, 1955 all customs and usages had ceased to have effect.  The facts of the case were that the petitioners were both major. It was alleged that the relatives of petitioner 2 were against the relationship of the petitioners. However, the petitioners had got married on 21-01-2021 at Gurudwara as per Sikh ..read more

Definition & Meaning of Contempt of Court:- Contempt of court means disobedience shown to the court by acting in opposition or disregarding the authority, justice, dignity thereof. Contempt is an act or omission whereby the order or directions of the court are wilfully disobeyed thereby interfering or obstructing the administration of justice. The contempt jurisdiction has been given to the court to uphold and protect the law and justice. Any kind of contempt of the court is punished to preserve the authority, dignity, solemnity, and efficacy of the court of justice. Contempt of court is a ..read more

Almost every day, we hear the news that a son turned his parents out of the home or left his parents at old age home. If a wife asks or forcing her husband to leave his parents for money is totally unjust and unacceptable. Additionally, even daughters are liable to maintain their parents. In case a woman’s in-laws prevent her from fulfilling her duties/obligations, she can also take legal action against them. The following judgment is a significant step towards changing this pattern. In India, our social values and traditions teach us that we should live with our parents and take care of them ..read more

Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy, and the determination by the Magistrate as to the status of the parties being subject to a final determination by the Civil Court, when the husband denies that the applicant is not his wife, all that the Magistrate has to find, in a proceeding under Section 125 CrPC, is whether there was some marriage ceremony between the parties, whether they have lived as husband and wife in the eyes of their neighbours, whether children were born from the union.” The instant revision was preferred agains ..read more

The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., recently held in an interesting case that evaluation of evidence on merits is not permissible at the stage of considering the application for discharge and the same is beyond the scope of revisional jurisdiction of the High Courts. The Bench explained, “At the stage of framing of the charge and/or considering the discharge application, the mini-trial is not permissible.” The High Court of Rajsthan, in the exercise of its revisional jurisdiction, had quashed the order passed by the Special Judge, Prevention of Corru ..read more

The issue before the Bench was whether a residential accommodation for nuns and a hostel for students would fall under “religious or educational purposes” for the purpose of tax exemption. The Bench expressed, “We must first ask ourselves what is the object sought to be achieved by the provision, and construe the statute in accord with such object. And on the assumption that any ambiguity arises in such construction, such ambiguity must be in favour of that which is exempted.” Findings of the High Court Under Section 3(1)(b) of Kerala Building Tax Act, 1975 buildings that are used principall ..read more

The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., while addressing the present matter expressed that:  “…relationship in between brother and sister, relationship in between mother and son, relationship in between father and daughter and so on were considered as sacrosanct. However, due to the passage of time, these relationships have no more remained sacrosanct and there are various instances of overstepping the sacrosanct relationship by the near relationship.” In the instant matter, the appellant sexually abused his own daughter/victim. There are two views that are: Whether ..read more