Monthly Digest Of IBC Cases: January 2024

The Supreme Court has held that the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) has no effect on the execution of a decree against the Directors or Officers of the Company (Corporate Debtor), which is undergoing Corporate Insolvency Resolution Process (“CIRP”) under IBC. Read More...

Bar Association Elections | Calcutta High Court Intervenes In Plea Raising Concerns On Possibility Of Individual Votes Being Traced Back To Voters

In intervening to ensure secrecy was maintained in the voting process, a single bench of Justice Sabyasachi Bhattacharya directed the Election officer to deposit all ballot books to the Registrar General's office till further orders, immediately upon conclusion of the process. Read More...

S.498A IPC | MP High Court Quashes Proceedings Against Husband's Relatives Upon Noting Allegations Lacked Specificity Such As Date & Time Of Dowry Demand

According to Justice M.S. Bhatti, deep scrutiny of the case revealed that there were only 'omnibus and bald allegations' against the petitioners as evident from the F.I.R and Section 161 statements. Read More...

[Section 228 CrPC] Before Framing Charges, Judges Must Form An Opinion That There Were Grounds To Presume Accused Committed Alleged Offence: Kerala HC

“Even after such consideration and hearing the submissions, the Judge is of the opinion that there is ground for presuming that the accused has committed the offence, he shall frame the charge against the accused. So it is imperative under Section 228 of Cr.P.C., that before the Judge proceeds to frame the charge, he has to form an opinion, that there is ground for presuming that, the accused has committed the offence.”, stated Justice Sophy Thomas. Read More...

[Eviction Of Tenant] Can't Challenge Order Without Authenticated Copy, Approach Court Under Article 227 For Certified Copy, Injunction: Kerala High Court

The Kerala High Court quoted Babu Scaria v. Jessy Thomas (2018), holding that the petition “cannot challenge an order passed by the court below, without producing an authenticated copy of the same….in the context of Rule 147 of the Rules of the High Court of Kerala, 1971” in the case of an original petition under Article 227. Read More...