Topic
Punjab & Haryana HC dismisses Section 482 petition seeking quashing of Insecticides Act prosecution; nomination of responsible person under Section 33 does not immunize other officers against whom specific allegations exist.
NCLAT quashed the liquidation order of Jeppiaar Cements, revived the corporate insolvency resolution process and permitted withdrawal of the Sec 12A application even though the Committee of Creditors failed to meet the 66 % voting threshold prescribed by Sec 33. The ruling affirms a resolution professional’s discretion to deem a Sec 12A withdrawal viable, protecting creditor interests and keeping restructuring options open for the debtor.
The Punjab & Haryana HC ruled that a Collector under Section 31 Indian Stamp Act can only determine duty, not impose penalties or order recovery. It also held municipal parking contracts are leases under Section 2(16)(c) as they involve letting of tolls, and functus officio does not bar impounding powers. The decision limits revenue authorities' enforcement powers and clarifies stamp duty for public parking arrangements.
Karnataka High Court ruled that the 30-day window to move a Section 33 application under the Arbitration and Conciliation Act is mandatory and cannot be condoned, even in statutory arbitrations under the National Highways Act. It also clarified that Section 5 of the Limitation Act does not apply to such arbitrations. The decision tightens timelines for government-linked infrastructure disputes.
The Supreme Court reversed the High Court, ruling that land registered in the names of a deceased husband’s wives is their separate property, not part of his estate. Consequently, a sale deed executed without the wives’ consent is void, limiting heirs’ claims under the Indian Succession Act. This clarifies ownership rights for widows in succession disputes.