Interim relief to Deccan Charters; NCLAT stays Corporate Insolvency Resolution Process
The NCLT admitted Section 7 IBC application against the Deccan Charters, Air Charter Company over a default of approx. Rs. 9 Crore 82 Lakhs.
interim relief
Supreme Court refers Kerala’s suit against Union regarding borrowing limits to Five-Judge Constitution Bench
“If we were to issue interim mandatory injunction in such like cases, it might set a bad precedent in law that would enable the States to flout fiscal policies and still successfully claim additional borrowings.”
Interim Reliefs in Arbitration: Emerging Judicial Trends in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 24
CAT grants interim protection to 17 KVS Primary Teacher (Music) candidates over ‘communication gap’ grievances, subject to final outcome
The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.
Delhi Govt widens the ambit of “Victim” by including mob violence & mob lynching injury cases
The definition of “Victim” will now also include the person injured due mob violence and mob lynching.
“No coercive steps against Journalists summoned by Crime Branch for article on Adani Group”; SC grants interim relief
An article titled “Documents Provide Fresh Insight Into Allegations of Stock Manipulation That Rocked India’s Powerful Adani Group” was published on the Organized Crime and Corruption Reporting Project (‘OCCRP’) website.
[Pre-Institution Mediation] Supreme Court rejects an ‘absolute and unfettered right’ interpretation of S. 12A of Commercial Court Act
Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.
“Holistic and Common-sense interpretation of Arbitration Clause”; Calcutta High Court grants interim relief, allows access to financial records and account funds
Calcutta High Court held that all the reliefs sought by the petitioner is to protect the subject matter of the arbitration and to preserve the rights of the parties under the Share Purchase Agreement (SPA).
Liberty Footwear v. Liberty Shoes : Delhi High Court dismisses the petition for the want of jurisdiction
“District Court, Karnal where the first petition was filed pertaining to the Agreement in question alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of the Licence Agreement. No other Court can entertain any subsequent application.
Supreme Court grants interim relief to makers of the film ‘Adipurush’; Stays proceedings in all HCs
Supreme Court also issued notice on a separate transfer petition filed by the producer of the film for transferring the proceedings of the movie in different High Courts to the Supreme Court.
Bombay High Court refuses relief to Atomberg Technologies for its alleged infringement of fan design of Renesa Ceiling fan
Bombay High Court observed that as the plaintiff has failed to make out a prima facie case in its favour, the aspects of the balance of convenience and irreparable loss that the plaintiff may suffer in the absence of interim reliefs, pale into insignificance.
Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case
Lieutenant-Governor of Delhi was alleged of assaulting Narmada Bachao Andolan activist Medha Patkar.
Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter’; Allahabad High Court allows her to provisionally appear in mains exam
Allahabad High Court granted two weeks’ time to UPPSC to file a reply and the candidate one week thereafter to file a rejoinder affidavit
Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes
The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.
Why Gauhati High Court refused to quash FIR filed against Youth Congress President, Srinivas B.V?
The Court was of the view that the petitioner’s utterances towards the victim and the allegations stated in the FIR, prima facie attract the penal provisions related to sexual harassment.
Gauhati High Court refuses to grant interim relief to Youth Congress President, Srinivas BV
The High Court’s order came in reference to the FIR filed by the President of Assam Youth Congress who has levelled allegations of mental harassment on Indian Youth Congress President, Srinivas BV.
[Trademark v. Domain Name] Bombay HC holds trademark infringement suit is an action in personam; Court cannot impose a blanket ban on “Swiggy” mark in future
“The Court held that in every case of trademark infringement, the plaintiff claiming infringement of its registered mark is required to claim relief in the context of specific instances of infringement, relatable to individuals against whom orders can be passed by the Court.”
NCLAT refuses to grant interim relief to Google; directs to deposit 10% of ₹ 936 crore penalty
National Company Law Appellate Tribunal, New Delhi: While deciding an appeal filed against the Competition Commission of India's (CCI) order imposing a
Madras High Court restrains internet providers from broadcasting IPL auctions and events; Grants interim relief to Viacom 18
Madras High Court granted interim relief to Viacom 18, as it has made out a prima facie case on merits and the balance of convenience was also in its favour.
Andhra Pradesh High Court grants relief to Margadarsi Chit Fund; restricts State from taking coercive action
The Court was of the view that “Insofar as balance of convenience and irreparable loss are concerned, the petitioner is not a defaulter as of now and there is no complaint by any subscriber to that effect. Even the authorities did not complain receiving of any complaint qua default in payment prized money or any irregularity.”