Supreme Court Weekly Round-Up [Aug 21-27]

Judgments/OrdersSupreme Court Sets Aside Order Suspending Conviction Of Lakshadweep MP Mohammed Faizal; Asks Kerala HC To Decide AfreshCase Title: U.T. Administration of Lakshadweep v. Mohammed Faizal & Ors.Citation: Special Leave Petition (Criminal) No. 1644 of 2023 The Supreme Court on Tuesday set aside an order of the Kerala High Court suspending the conviction of Lok Sabha MP...

Weekly Digest Of IBC Cases: 22nd To 27th August 2023

NCLAT Central Excise Authority Not A Secured Creditor Under IBC: NCLAT Chennai Case Title: The Assistant Commissioner of Central Tax v Mr. Sreenivasa Rao Ravinuthala & Anr. Case No.: COMPANY APPEAL (AT) (CH) (INS.) NO. 346/2021 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha...

Arbitration Cases Weekly Round-Up: 21 to 27 August 2023

Supreme Court: Supreme Court Restores 1997 Arbitral Award Passed Under 1940 Act; Criticises HC & Trial Court For “Appellate Review” Case Title: M/s S.D. Shinde vs Govt. of Maharashtra & Ors. The Supreme Court, while restoring an arbitral award passed in 1997 which was set aside by the Trial Court and the High Court under the Indian Arbitration Act, 1940, has...

Allahabad High Court Weekly Round-Up: August 21 to August 27, 2023

NOMINAL INDEX Sunita Sharma and Another vs. State of U.P. and 3 Others 2023 LiveLaw (AB) 271 Paltoo Ram Yadav vs. State Of U.P. And 6 Others 2023 LiveLaw (AB) 272 M. Devaraj vs. Rakesh Kumar Sharma And 5 Others 2023 LiveLaw (AB) 273 Vishwajeet vs. State Of U.P. Thru. Secy. Deptt. Of Home Lko 2023 LiveLaw (AB) 274 Krishna Kumar vs. State Of U.P.Thru Prin. Secy.Home...

Madras High Court Weekly Round-Up: August 21 to August 27, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 233 To 2023 LiveLaw (Mad) 244 NOMINAL INDEX Abdul Rahman v The Passport Officer, 2023 LiveLaw (Mad) 233 Er.A.Kanagasabapathy vs. Government of Tamil Nadu and others, 2023 LiveLaw (Mad) 234 B. Saravanan vs. The Deputy Inspector General of Police, Tirunelveli Region, Tirunelveli...

Delhi High Court Weekly Round-Up: August 21 To August 27, 2023

Citations 2023 LiveLaw (Del) 714 to 2023 LiveLaw (Del) 756NOMINAL INDEXRajani Kumari v. BCD 2023 LiveLaw (Del) 714 ABHISHEK @ LOVE & ORS. v. THE STATE NCT OF DELHI & ORS. 2023 LiveLaw (Del) 715 Government of NCT of Delhi v. R.S. Sharma Contractors Pvt Ltd 2023 LiveLaw (Del) 716 DGIT Versus The Indian Plywood Mfg. Co. 2023 LiveLaw (Del) 717 VENUS WORLDWIDE ENTERTAINMENT PRIVATE...

Tax Cases Weekly Round-Up: 20 August To 26 August, 2023

Supreme CourtSupreme Court Recalls Judgment Holding That No Indirect Taxes Can Be Levied On Duty-Free Shops At AirportsCase Title: Commissioner of CGST and Central Excise Mumbai East vs Flemingo Travel Retail LtdCitation: 2023 LiveLaw (SC) 673The Supreme Court has recalled its Division Bench judgment dated 10 April 2023, where the top court had ruled that Duty-Free Shops situated in the...

Allahabad High Court Weekly Round-Up: August 14 to August 20, 2023

NOMINAL INDEX Digvendra Pratap Singh vs. Union Of India And 2 Others 2023 LiveLaw (AB) 255 Oriental Insurance Company Limited vs. Priyanka Agarwal 2023 LiveLaw (AB) 256 Rajendra Prasad Sharma vs. State of U.P. And Others 2023 LiveLaw (AB) 257 Chandra Bhan vs. Union Of India And Another 2023 LiveLaw (AB) 258 M/S Desai Brothers Limited Ratanpur vs. State Of U.P. And 3...

Can Victim Appeal Against Acquittal Or Award Of Lesser Sentence By Appellate Court? Bombay High Court Refers Issue To Larger Bench

The Bombay High Court has referred to a larger bench the question of whether an appeal by the victim against the judgment of acquittal passed by the appellate court is maintainable.Justice Modak while dealing with two criminal appeals filed by the victims against acquittal of the accused by the sessions court in appeal, observed,“I think forum for this (victim’s) Appeal is correlated to...

Arbitration Cases Weekly Round-Up: 14 to 20 August 2023

Supreme Court: Arbitration Award Cannot Be Set Aside On Mere Possibility Of An Alternative View On Facts Or Interpretation Of Contract: Supreme Court Case Title: Konkan Railway Corporation Limited vs Chenab Bridge Project Undertaking The Supreme Court observed that Arbitration awards cannot be set aside on mere possibility of an alternative view on facts or interpretation of...

Tax Cases Weekly Round-Up: 13 August To 19 August, 2023

Supreme Court Income Tax Settlement Commission's Purpose Is To Give Assessee Chance To Disclose Undisclosed Income To Seek Immunity : Supreme Court Case Title: SHREE NILKANTH DEVELOPERS v. PRINCIPAL COMMISSIONER OF INCOME TAX Citation : 2023 LiveLaw (SC) 648 A Division bench of the Supreme Court, while hearing an appeal, discussed the objective and purpose behind...

Weekly Digest Of IBC Cases: 8 To 21 August 2023

NCLAT NCLAT Delhi Upholds Reduction Of Resolution Professional’s Fee By NCLT Case Title: Rohit J. Vora v Religare Finvest Ltd. & Ors. Case No.: Company Appeal (AT)(Insolvency) No. 104 of 2023 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), has upheld...