November-Monthly Roundup

Case Name

Field of Law

Held

Noy Vallesina Engineering SpA v. Jindal Drugs Limited & Ors.

Arbitration

Proceedings under Section 34 of Arbitration and Conciliation act not maintainable against foreign award

Gajendra Sharma v. Union of India

Constitutional Law

The government must ensure that all steps be taken to implement the decision so that benefit percolates to those for whom the financial benefits have been envisaged

Gursimran Singh Narula v. Union of India

Constitutional Law

Supreme court issues directions to health authorities for preventing the use of disinfectants on people under the regulations to curb covid-19.

Madras Bar Association v. Union of India

Constitutional Law

Supreme court issued directions to the government and ordered to amend the provisions of Tribunal Rules, 2020.

Arnab Manoranjan Goswami v. The State of Maharashtra and Ors.

Constitutional Law

Arnab goswami got bail from supreme court

M/S Kaledonia Jute and Fibres Pvt. Ltd. v. M/S Axis Nirman and Industries Ltd.

Corporate Law

The transferability of winding up proceedings will depend upon the stage at which they are pending before the high court

Shri Ram Sahu (dead) Through Lrs. & Ors. v. Vinod Kumar Rawat & Ors.

Civil Procedure Code

Powers of review under Section 114 Civil Procedure Code cannot be exercised as an inherent or appellate power

M/S Imperia Structures Ltd. v. Anil Patni and Anr.

Civil Procedure Code

Section 79 of the RERA act does not in any way bar the commission or forum under the provisions of the consumer protection act to entertain any complaint.

Rattna Singh v. Nirmal Gill

Evidence Act

A document is presumed to be genuine if it is registered and the onus to prove otherwise is on the person who challenges the said registered document

Rajnesh v. Neha

Family Law

Supreme court issued guidelines regarding payment of maintenance

C. Bright v. The District Collector & Ors.

SARFAESI Act

Section 14 of the SARAFAESI Act, 2020 is a directory provision; the remedy under Section 14 does not become redundant if DM is unable to take possession of secured assets within time limit

UMC Technologies Private Ltd. v. Food Corporations of India

Misc.

Without clear intention in show cause notice to blacklist the entity, the decision making authority cannot blacklist an entity

Kirpa Ram (Deceased) through Legal Representatives & Ors. v. Surendra Deo Gaur & Ors.

CPC

The High Court is not Obliged to Frame Substantial Question of Law, in case, it finds no error in the findings recorded by the First Appellate Court.

Tej Bahadur v. Shri. Narendra Modi

Representation of Peoples Act,

If a person has not filed his nomination in accordance with Section 33(3) of the Representation of Peoples Act, 1951, he cannot claim to be a duly nominated candidate.