“JUSTICE DELAYED IS DEMOCRACY DENIED.”
ALTERNATIVE DISPUTE RESOLUTION
Ravi Setia v. Madan Lal & Ors.
Extension of time for deposit does not dispense with requirement to prove readiness and willingness – Supreme Court
The Supreme Court held that mere extension of time granted for depositing balance sale consideration does not absolve the plaintiff from proving continuous readiness and willingness to perform contractual obligations.
The Court reiterated that readiness and willingness remain essential requirements in suits seeking specific performance of agreements for sale.
The Judgement can be accessed at:
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Nusli Neville Wadia v. Ivory Properties & Ors.
Supreme Court explains limited scope of “jurisdiction” under Section 9A CPC in Maharashtra
The Supreme Court clarified that the expression “jurisdiction” under Section 9A of the Code of Civil Procedure, as applicable to Maharashtra, must be interpreted narrowly.
The Court held that Section 9A relates only to inherent jurisdiction and maintainability, and does not extend to questions of limitation.
The Bench overruled the broader interpretation adopted in earlier decisions equating limitation issues with jurisdictional objections.
The Judgement can be accessed at:
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CORPORATE
Lagadapati Ramesh v. Ramanathan Bhuvaneshwari
NCLT cannot directly order SFIO investigation into affairs of corporate debtor – NCLAT
The National Company Law Appellate Tribunal held that the National Company Law Tribunal does not possess authority to directly order investigation by the Serious Fraud Investigation Office into affairs of a corporate debtor.
The Tribunal clarified that NCLT may only refer matters to the Central Government after following procedures prescribed under Section 213 of the Companies Act, 2013.
The Order can be accessed at:
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Action Ispat & Power Pvt. Ltd. v. Shyam Metalics & Energy Limited & Ors.
Winding up proceedings may subsequently be transferred to NCLT under IBC – Delhi High Court
The Delhi High Court held that a winding up order passed by a Company Court is not irrevocable and proceedings may later be transferred to the NCLT under the Insolvency and Bankruptcy Code.
The Court observed that such transfer may be permitted where it serves interests of the company, creditors and insolvency resolution process.
The Judgement can be accessed at:
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Om Prakash Bhatt v. State of Maharashtra & Anr.
No vicarious criminal liability unless specifically provided by statute – Bombay High Court
The Bombay High Court held that vicarious liability under criminal law cannot be imposed unless expressly incorporated within the relevant statute.
The Court accordingly set aside summons issued against directors of Hindustan Unilever Limited for alleged violations under the Maharashtra Shops and Establishments Act.
The Judgement can be accessed at:
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COMPETITION LAW
CCI approves Kora Master Fund LP investment in Edelweiss Securities Limited
Competition Commission approves proposed investment under Competition Act
The Competition Commission of India approved Kora Master Fund LP’s proposed investment of up to 10% in Edelweiss Securities Limited.
The approval was granted under Section 31(1) of the Competition Act, 2002.
The Summary can be accessed at:
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INFORMATION TECHNOLOGY
Udaru Sarvotama Reddy v. State Bank of India & Ors.
SBI directed to compensate customer for failed ATM transaction – Consumer Forum
The District Consumer Disputes Redressal Forum directed the State Bank of India to pay compensation and litigation costs to a customer whose account was wrongly debited despite failure of an ATM transaction.
The Forum held the bank liable for deficiency in service and inconvenience caused to the customer.
The Order can be accessed at:
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Subodh Gupta v. Herdsceneand & Ors.
Delhi High Court directs Facebook to disclose identity behind anonymous allegations
The Delhi High Court directed Facebook to disclose details of the person operating an anonymous social media account which had published allegations against artist Subodh Gupta.
The Court sought disclosure in a sealed cover after Instagram reportedly failed to furnish the required particulars.
The Order can be accessed at:
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Ritesh Properties & Industries Ltd. v. Youtube LLC & Ors.
No person can be publicly condemned without opportunity to defend – Delhi High Court
The Delhi High Court observed that no individual can be publicly condemned on allegations of sexual harassment without being granted an opportunity to defend themselves.
The Court made the observations while considering requests for injunctions against anonymous online publications allegedly causing reputational harm.
The Order can be accessed at:
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