The Supreme Court in the case of Devika Singh v. CAT (C.A. No 5308 of 2022) recently held that existence of spouse’s biological children from his prior marriage would not impinge upon the statutory entitlement for grant of maternity leave.  Moreover, the Court in its judgment made observations with respect to persons to whom maternity benefits shall not be denied due […]

Service Charge can be defined as the fee collected by the service provider for the services and facilities that are being provided by  them. Service charge is usually charged in the tertiary sector of the economy such as in restaurants, tourism, banking, etc. ​ Take on Service Charge:​ As per the ‘Guidelines to prevent unfair trade practices and […]

The Plaintiff in the matter of Carlsberg Breweries A/S Vs. Tensberg Breweries Industries Pvt. Ltd.& Ors. [CS (COMM) 646/2022] sought an ad-interim injunction against the Defendant, claiming it to having adopted a deceptively similar mark- ‘Tensberg‘. While the Defendant accused Carlsberg of misrepresentation and argued that they had been marketing their products since 2018, so the Plaintiff had prior knowledge of the same, […]

CONCURRENT PUNISHMENT: When the Accused serves all the sentences in respect of two or more offences at the same time.​ CONSECUTIVE PUNISHMENT: When the Accused has to finish serving the sentence for one offence before it starts to serve the sentence for any other offence. The Hon’ble Supreme Court in its latest decision in the matter of Malkeet Singh Gill v/s The State […]

The Karnataka High Court in the recent case of Amit Garg Vs. State of Karnataka held that the criminal law cannot be set into motion for recovery of money paid under a contract, unless the offence of cheating or even criminal breach of trust is established.​ The Petitioner therein had approached the High Court seeking to quash the FIR registered against […]

The Reserve Bank of India (“RBI”) in its move towards promotion of digital payments, has allowed foreign inward remittances under the Rupee Drawing Arrangement (RDA) into a KYC compliant bank account of the billers (beneficiary) for various bill payments through Bharat Bill Payment System (“BBPS”) via circular dated September 15, 2022. ​ ​BBPS was conceptualized by the RBI and […]

The division bench of the Hon’ble Supreme Court of Hon’ble Justices M. R, Shah and Krishna Murari, passed a judgment on September 16, 2022, in the matter of Sudhamayee Pattnaik and Ors. vs. Bibhu Prasad Sahoo and Ors. [Civil Appeal No. 6370 Of 2022], reiterating the position of the law with respect to Order 1 Rule 10 of the Civil Procedure Code, 1908, which provides […]

In the peculiar facts of the case of Ravi Kumar Tomar v. Newgen Speciality Plastics Ltd., the Appellant being the Ex-Director of the Corporate Debtor/Respondent No. 2 (M/s Royal Polyurethane (India) Pvt. Ltd.) filed an appeal against the order of admission passed by NCLT, New Delhi Bench, in the Petition filed under Section 9 of […]

An Application was filed by a Claimant, Smt. Sabita A. Biswas, before the Hon’ble NCLT, Cuttack, in the matter of ASREC (India) Limited v. RK Jain Construction (India) Pvt.Ltd., seeking directions against the Resolution Professional to admit the claims of the Applicant/Claimant, to deliver the possession of the premises described in the claim form and […]

In a recent judgment of the division bench of the Hon’ble Calcutta High Court in Joy Kali Oil Industries Pvt. Ltd. v. Union Of India and Ors., the Appellant filed an appeal on the grounds that the Executive Magistrate is not the District Magistrate as contemplated under Section 14 of the SARFAESI Act and the order of the District Magistrate (“DM”) delegating his […]