Legal News & Views

Cause Title :  Bajaj Rubber Company Private Limited vs Saraswati Timber Private Limited, Company Petition No. (IB)-1441(ND)/2018, NCLT New Delhi Date of Judgment/Order : 11.08.2022 Corum : Sh. Dharminder Singh (Judicial), Sh. L. N. Gupta (Technical) Citied:  M/s. Alhuwalia Contracts (India) Ltd. vs. M/s. Logix Infratech Private Limited in (IB)882/ND/2022,  NCLT New Delhi M/s Delhi Control Devices (P) Limited Vs. M/s Fedders Electric and Engineering Ltd., Company Petition (IB) No. 343/ALD/2018, NCLT Allahabad Bench Nitin Gupta vs Internationa Land Developers Private Limited., IB No. 507/ND/2020, NCLT Allahabad Bench Background M/s Bajaj Rubber Company Private Limited as the Operational Creditor, had filed an application  for initiation of CIR against the Corporate Debtor M/s. Ace Footmark Private Limited. The Operational Creditor had withdrawn the aforesaid Application on the ground of settlement between the Parties. Pursuant to the settlement post dated cheques were issued to the Appli

Cause Title :  S.P. Mani And Mohan Dairy vs Dr. Snehalatha Elangovan, Criminal Appeal No.1586 Of 2022, Supreme Court Of India Date of Judgment/Order :  Corum : J. B. Pardiwala, J. Citied:  SMS Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 Gunmala Sales Pvt. Ltd. v. Anu Mehta & Ors, reported in (2015) 1 SCC 103 National Small Industries Corporation v. Harmeet Singh Paintal & Anr., reported in (2010) 3 SCC 330 Sunita Palita & Others v. M/s Panchami Stone Quarry, reported in (2022) SC Online SC 945 Municipa Corporation of Delhi v. Ram Kishan Rohtagi, (1983) 1 SCC 1 U.P. Pollution Control Board v. Modi Distillery, (1987) 3 SCC 684 P. Rajarathinam v. State of Maharashtra, (2000) 10 SCC 529 K. Bhaskaran v. Sankaran Vaidhyan Balan, (1999) 7 SCC 510 N Rangachari v. Bharati Sanchar Nigam Limited, AIR (2007) SC 1682 Anil Hada v. Indian Acrylic Ltd., (2000) 1 SCC 1 Monaben Ketanbhai Shah v. State of Gujarat in Criminal Appeal No. 850 of 2004 Assistant Commissioner, Assessment­

Cause Title :    M/s Trimurthi Fragrances (P) Ltd. vs Government Of N.C.T. Of Delhi, Special Leave Petition (C) No. 33322/2017, Supreme Court Of India Date of Judgment/Order : September 19, 2022 Corum : Indira Banerjee; J., Hemant Gupta; J., Surya Kant; J., M.M. Sundresh; J., Sudhanshu Dhulia; J. Citied: Shanti Fragrances v. Union of India and others Kothari Products Ltd. v. State of A.P. Central Sales Tax vs. Agra Belting Work Ningappa Ramappa Kurbar v. Emperor Supreme Court Advocates-on-Record Assn. v Union of India Harper v. National Coal Board Mahalakshmi Oil Mills v. State of A.P. Godfrey Phillips India Ltd. v. State of U.P State of Orrisa vs. Radhey Shyam Gudakhu Factory Gulabchand Harekchand v. State of West Bengal Reliance Trading Company, Kerala v. State of Kerala Sales Tax Officer, Sector-IX, Kanpur vs. Dealing Dairy Products and Anr. State of Bihar and Others v. Krishna Kumar Kabra and Another Dr. Jaishri Laxmanrao Patil v. The Chief Minister and Others Background The questi

Cause Title :  Jalgaon Janta Sahakari Bank Ltd. & Anr. Vs. Joint Commissioner of Sales Tax Nodal 9, Mumbai, & Anr., Writ Petition No. 3197 Of 2019, Bombay High Court Date of Judgment/Order : August 30, 2022 Corum : Dipankar Datta, CJ., M. S. Karnik & N. J. Jamadar, JJ. Citied: (2002) 4 SCC 275 (Union of India vs. Delhi High Court Bar Association) (2009) 4 SCC 94 (Central Bank of India vs. State of Kerala) (2004) 4 SCC 311 (Mardia Chemicals Ltd. vs Union of India) AIR 2007 SC 712 (Transcore vs Union of India) AIR 2017 Madras 67 [Asst. Commissioner (CT) vs. Indian Overseas Bank] 2020 (2) Bom. C. R. 243 (OS) [ASREC (India) Limited vs. State of Maharashtra and Ors.] 2021 (2) Mh. LJ 721 (State Bank of India vs. the State of Maharashtra and Ors.) 2017 SCC OnLine Raj 4319 (G. M. G. Engineers and Contractor Pvt. Ltd. and Anr. vs. State of Rajasthan and Ors.) 2018 (55) GSTR 2010 (M.P.) (Bank of Baroda vs. Commissioner of Sales Tax, Madhya Pradesh, Indore) (2019) SCC OnLine Ker 2890

Cause Title :  Securities and Exchange Board Of India vs  Rajkumar Nagpal & Ors.,  Civil Appeal No. 5247 of 2022, The Supreme Court Of India Date of Judgment/Order : August 30, 2022 Corum : Dr. Dhananjaya Y. Chandrachud, Surya Kant & A S Bopanna; J. Citied:  Vineeta Sharma v. Rakesh Sharma State Bank's Staff Union (Madras Circle) v. Union of India State v. Kalyan Singh Laxmidas Morarji v. Behrose Darab Madan Background Reliance Commercial Finance Limited' issued NCD to various persons. Vistra was the Debenture Trustee. RCFL committed its first default under the Debenture Trust Deeds in March 2019. On 7 June 2019, RBI issued a Circular which provided that certain lenders may opt for a resolution strategy available to them under the existing legal framework, including entering into a resolution plan' or initiating legal proceedings for recovery or insolvency. If the lenders chose to implement a Resolution Plan, they were required to enter into an inter creditor agreem

Cause Title : Pr. Commissioner Of Income Tax vs Khyati Realtors Pvt. Ltd., SLP (Civil) No. 672 Of 2020) Date of Judgment/Order : 25.08.2022 Corum : S. Ravindra Bhat, Uday Umesh Lalit, Sudhanshu Dhulia Citied:  Southern Technologies Ltd. v. Joint Commissioner of Income Tax, Coimbatore Commissioner of Income Tax v. Mysore Sugar Co. Ltd. Mohan Meakin Ltd. v. Commissioner of Income Tax Harshad J. Choksi v. Commissioner of Income Tax IBM World Trade Corporation v. Commissioner of Income Tax T.R.F. Limited v. Commissioner of Income Tax, Ranchi Catholic Syrian Bank Ltd. v. Commissioner of Income Tax, Thrissur Background The assessee carries on real estate development business, trading in transferable development rights (TDR) and finance.  ₹ 10 crores was advanced on 06.03.2007 to M/s C. Bhansali Developers Pvt. Ltd. to acquire certain commercial premises and for reservation by way of bookings in their upcoming project on the Old Mumbai-Pune  Highway in Khopoli.  It was contended by the Assese

Cause Title :  Dhansukhlal Rambhai Patel vs Dhansukhlal Nagindas Kapadia, R/Second Appeal No. 42 Of 1990, High Court Of Gujarat At Ahmedabad Date of Judgment/Order :  26/08/2022 Corum : Honourable Dr. Justice A. P. Thaker Citied: K. Narendra V. Riviera Apartments (P) Ltd. reported in (1999) 5 SCC 77 Background The plaintiff filed suit for specific performance of the contract against the defendants. The main defense of the defendants is regarding execution of such document under misrepresentation or fraud committed by the plaintiff taking undue advantage of the weak eye sight of the respondent no.1. The Trial Court has dismissed the suit of the plaintiff. On re-appreciation of the entire evidence, the First Appellate Court has set aside the impugned judgment of the Trial Court and has passed the decree of specific performance of contract. Judgment The High Court observed that the First Appellate Court has properly appreciated the entire evidence on record and its order also reveals that

Cause Title :  Narinder Kumar vs  Kuldip Singh,  CR No.3246 of 2022 (O&M), High Court Of Punjab And Haryana At Chandigarh Date of Judgment/Order : 30.08.2022 Corum : Hon’ble Mrs. Justice Alka Sarin Citied: Inder Kaur vs. Bant Singh (now dead) through his LRs [2006 (6) RCR (Civil) 974] Hasmat Rai & Anr. vs. Raghunath Prashad [1981 (2) RCR (Rent) 401] Kawaljit Singh vs. Kulwant Kaur [2015 (2) RCR (Civil) 161] Uday Shankar Upadhyay & Ors. vs. Naveen Maheshwari [2010 (1) SCC 503] Makhan Singh vs. Amar Kaur [2003 (2) RCR (Rent) 269] Dr. J.S. Sodhi vs. Mela Ram [2001 (2) RCR (Rent) 396] M/s Bajaj Associates & Ors. vs. Vinod Kumar & Ors. [2008 (4) RCR (Civil) 221] Varinder Singh & Anr. vs. Surinder Kaur [2020 (1) RCR (Rent) 265] Manohar Lal Sanghi vs. Jaswant Rai Ahuja [2008 (1) RCR (Civil) 47] Surinder Kumar vs. Balbir Raj Saini [2018 (3) Law Herald 2579] Manish Ralhan vs. Ajay Kumar & Anr. [2020 (2) RCR (Rent) 476] Harjit Singh vs. Kuldeep Singh [2016 (4) RCR (Ci

Cause Title :  Om Prakash vs The Delhi Pinjrapole Society (Rego.), CM(M) 864/2022 & CM APPL.37131/2022, CM APPL.37132/2022, High Court Of Delhi At New Delhi Date of Judgment/Order : 26.08.2022 Corum : Hon'ble Mr. Justice C. Hari Shankar Citied:  State of Maharashtra v. Sarva Shramik Sangh, Sangli M/s. Suvinys Developers Pvt. Ltd. v. M/s. Verma Beauty Parlor and Hair Dressers Bangalore Water Supply and Sewerage Board v. A. Rajappa, (1978) 2 SCC 213 State of Orissa v. Dandasi Sahu Background The appeal was filed by the Petitioner challenging the decision of the learned Principal District & Sessions Judge (the learned Pr. DSJ) rejecting the appeal of the Petitioner adjourn RCT 77/2018 (Om Prakash v. The Delhi Pinjrapole Society), till the Division Bench of this Court adjudicated on the questions of law referred to it by a learned Single Judge in a batch of Rent Control Revision Petitions headed by K.S. Bhandari v. International Security Printers Pvt. Ltd. The Single judge benc

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings had been conducted behind their back. Th