Monthly Digest Of IBC Cases: July 2022

Supreme Court NCLT Not A Debt Collection Forum ; Operational Creditor's Application To Initiate CIRPMust Be Dismissed If The Debt Is Disputed: Supreme Court Case Title: SS Engineers vs Hindustan Petroleum Corporation Ltd Case No.: 2022 LiveLaw (SC) 617, CA 4583 OF 2022 The Supreme Court Bench comprising of Justices Indira Banerjee and V. Ramasubramanian observed that...

Charge Framed Against Accused Must Be Established Beyond Any Shadow Of Doubt, Suspicion However Grave Not Proof: Tripura High Court

The Tripura High Court recently observed that a Charge framed against an accused person has to be established and proved "beyond any shadow of doubt" and that suspicion, however grave it might be, cannot take place of proof.The observation came from Justice T. Amarnath Goud: "The way the prosecution has projected the case and being found serious contradictions and inconsistencies in...

S.173(8) CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court

The Gujarat High Court has held that the power of Court to direct further investigation under Section 173(8) of CrPC is available only up to "pre-trial stage" and once the trial commences, such power cannot be exercised. Justice Ashokkumar Joshi also reiterated: "It is trite principle of law that with a view to fill up the lacunae in investigation, such powers of directing...

National Commission For Scheduled Castes Not Equivalent To Civil Court, Can't Issue Directions After Deciding Inter Se Rights Of Parties: Delhi HC

The Delhi High Court has observed that the National Commission for Scheduled Castes cannot issue directions after deciding the inter se rights of the parties, like a civil court. Justice Rekha Palli observed:"Merely because the Commission, for the purpose of carrying out investigations or enquiring into any complaint, has the powers of a Civil Court trying a suit and, therefore, is entitled...

Five Paperless Benches To Start Functioning Today: Kerala High Court Issues Guidelines

As five benches gear up to go paperless starting today, the Kerala High Court has issued certain guidelines to be followed by the lawyers. Paperless courts have been introduced in the single benches with Bail jurisdiction and Tax matters as well as the division bench that considers appeals from these single benches. In addition to this, all Bail Applications that are considered on other...

Karnataka High Court Orders ₹5 Lakhs Compensation To Man Wrongly Arrested, Says Arresting Officer Must Ascertain Identity

The Karnataka High Court has held that whenever any warrant is issued, whether bailable or non-bailable, the arresting officer is required to ascertain the identity and be satisfied that the person proposed to be arrested is the same person as against whom the warrant has been issued. A single judge bench of Justice Suraj Govindaraj in the present case directed the state government to pay...

Adverse Entry Against Govt Servant In Confidential Report Can't Be Acted Upon Without Furnishing It To Him To Enable Effective Representation: Tripura HC

The Tripura High Court has recently observed that an adverse entry against a government servant in a confidential report cannot be acted upon to his prejudice unless the adverse entry is furnished to him at the earliest possible opportunity, to enable effective representation. The observation came from Justice T Amarnath Goud: "It is a trite law that a downgrading and/or adverse...

[Anganwadi Promotions] Date On Which Procedure Commences & Not When Resolutions Are Framed Is Relevant For Deciding Entitlement: Gujarat High Court

The Gujarat High Court has dismissed a petition filed by Anganwadi workers alleging that they were not promoted to the post of 'Mukhya Sevika' on account of discrimination between those working at the District Panchayat level and those working under the Municipal Corporation. It was alleged that Anganwadi Workers from District Panchayats were elevated to the aforesaid post while those...

Delhi High Court Quashes 'Misguided' Rape FIR Filed By Woman Based On Compromise, Asks Her To Do Social Service In Blind School For Two Months

The Delhi High Court has recently quashed a rape FIR registered by a woman under misguidance and wrong advice after a compromise deed was filed by the parties, subject to the condition that she will do social service in a blind school for two months. Justice Jasmeet Singh was of the view that the woman had been very unfair in her conduct and that the criminal justice system was put in motion...

Mere Presence Of Husband In House With Wife In A 'Hanging Position' Not Sufficient To Presume His Guilt: Tripura High Court

The Tripura High Court recently while dealing with an appeal relating to offences under Section 498A /302/109 of the IPC observed that merely because the husband was present along with the child in the hut with the deceased wife in a hanging position cannot mean that the husband killed the wife. The observation came from a division bench of Justices Amarnath Goud and...

Inter-Country Adoptions: Delhi High Court Directs Presence Of CARA's CEO Over Failure To File Response

The Delhi High Court has sought for the presence of CEO of Central Adoption Resource Authority (CARA) over the authority's failure to file a timely response in a bunch of petitions concerning inter-country adoptions. The development came after Justice Pratibha M Singh in February this year sought response of CARA on the framework for facilitating adoptions in case of children who have...

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that pursuant to the provision under Order XLVII Rule 9 CPC, a review of an order passed in a review petition is not maintainable. The Court observed that a clear reading of the provision clearly bars a "second review" application. The bench comprising of Chief Justice Ravi Malimath and Justice Vishal Mishra further distinguished the power of...