Orders and Judgments Duration – April 23-May 07, 2019

April order and judgments

If law school is so hard to get through how come there are so many lawyers?

CALVIN TRILLIN AMERICAN WRITER

ALTERNATIVE DISPUTE RESOLUTION

  • Reliance Life Insurance Co Ltd & Anr v. Rekhaben Nareshbhai Rathod
    Suppression of facts made in proposal form will render insurance policy voidable by the insurer-24 April 2019 (SUPREME COURT JUDGEMENT)
    The Supreme Court (SC), has observed that failure of the insured to disclose the policy of insurance obtained earlier in the proposal form entitled the insurer to repudiate the claim under the policy.
    The Judgement can be accessed at:
    https://www.sci.gov.in/supremecourt/2015/14547/14547_2015_Judgement_24-Apr-2019.pdf
  • Hari Steel and General Industries Ltd & Anr v. Daljit Singh & Ors
    'Judgment on admissions' can be ordered only when admissions are categorical and unconditional-24 April 2019 (SUPREME COURT JUDGEMENT)
    The Supreme Court (SC) has observed that 'Judgment on Admissions' can be ordered only when there are categorical and unconditional admissions made in the pleadings.
    The Judgement can be accessed at:
    https://www.sci.gov.in/supremecourt/2018/38310/38310_2018_Judgement_24-Apr-2019.pdf
  • Mallikarjunaiah v. Nanjaiah & Ors
    Adverse possession plea can be sustained only when possession is in denial of true owners' title-26 April 2019
    The Supreme Court (SC) has reiterated the principles of acquisition of title by adverse possession. The bench observed that mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was open, hostile, exclusive and with the assertion of ownership right over the property to the knowledge of its true owner.
    The Judgement can be accessed at:ReadMore
  • Demand Notice U/s 138 NI Act need not be sent through an advocate-25 April 2019 (TRIPURA HIGH COURT JUDGEMENT)
    The Tripura High Court (HC) has held that there is no requirement in the Negotiable Instruments Act that the demand notice under Section 138 of the Act is to be sent through an advocate.
  • Karnataka Housing Board v. K A Nagamani
    National Consumer Disputes Redressal Commission (NCDRC) has no jurisdiction to entertain revision Petition in execution proceedings-6 May 2019 (SUPREME COURT JUDGEMENTS)
    The Supreme Court (SC) has held that a Revision Petition against an order passed by a State Consumer Commission in execution proceedings is not maintainable before the National Consumer Disputes Redressal Commission.
    The Judgement can be accessed at:
    https://www.sci.gov.in/supremecourt/2019/6343/6343_2019_Judgement_06-May-2019.pdf

CORPORATE

  • Carat Lane Trading Private Limited and others v. CH Mohd Sharief Tariq, member (Judicial)
    National Company Law Tribunal (NCLT) imposes fine on Carat Lane for Companies Act violation-5 April 2019 (NCLT ORDERS)
    The Chennai Bench of the National Company Law Tribunal (NCLT) has imposed a fine on Carat Lane Trading Pvt Ltd, a Tata Group company and subsidiary of Titan, its Managing Director and Company Secretary, for not constituting a nomination and remuneration committee in 2016 — as mandated under Section 178 of the Companies Act, 2013 — when the company’s turnover had crossed ₹ 100 crore.
    The Order can be accessed at:
    https://nclt.gov.in/sites/default/files/final-orders-pdf/Carat%20Lane%20Trading%20Pvt%20Ltd-CA%20432.pdf
  • JK Jute Mill Mazdoor Morcha v. Juggilal Kamlapat Jute Mills Company Ltd through its Director & Ors
    Trade Unions can file as operational creditors under IBC-30 April 2019 (SUPREME COURT JUDGEMENT)
    In a significant ruling, the Supreme Court (SC) has held that a registered trade union can maintain a Petition as an operational creditor on behalf of its members.
    The Judgement can be accessed at:
    https://www.sci.gov.in/supremecourt/2017/36341/36341_2017_Judgement_30-Apr-2019.pdf

COMPETITION

  • Private power transmission companies move Competition Commission of India (CCI), regulator against power grid pricing-5 May 2019 (CCI UPDATES)
    Private power transmission companies have written to the Competition Commission of India (CCI), Comptroller and Auditor General and power regulator Central Electricity Regulatory Commission, alleging predatory pricing by Power Grid Corp in the midst of auctions of some ₹ 9,000-crore projects. Companies have alleged that the central utility has unfair competitive advantages given its access to low-cost funds and Government support. Private companies want PGCIL to be barred from cross subsidizing competitive tariff projects with the help of low-cost, AAA-rated debt raised through its cost-plus assets, and separation of central transmission utility role.

INFORMATION TECHNOLOGY

  • Raju Ray v. Union of India
    Calcutta High Court (HC) refuses plea to direct Government to frame policy against 'fake news' -18 April 2019 (CALCUTTA HIGH COURT JUDGEMENT)
    The Calcutta High Court (HC) recently dismissed a Public Interest Litigation seeking a direction to Government to frame policy regarding broadcasting of fake news. The PIL filed by Raju Ray sought directions from the Court to take requisite steps to check broadcast of unwarranted, baseless and false news reports by media houses and to formulate and/or frame a policy or guideline for media house and TV news channels to regulate the content and punitive action for broadcasting fake news.
    The Judgement can be accessed at:ReadMore

 

 

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