Topic
A newspaper proprietor merely as owner/shareholder cannot be prosecuted for criminal defamation under Section 7 of the Press and Registration of Books Act, 1867, the Gauhati HC held, shielding passive owners from liability for content they did not create.
The NCLAT held that a without-prejudice deposit cannot substitute the mandatory adjudication of debt, default, and maintainability under Section 7 IBC. Setting aside an NCLT order that closed proceedings upon deposit, the tribunal ruled such deposits do not dispense with the creditor's right to a full determination of statutory prerequisites for CIRP initiation.
The Bombay High Court held that the clause 'Arbitration Subject to Mumbai Jurisdiction' in a purchase order constitutes a valid arbitration agreement under Section 7, even though it lacks mandatory referential language or procedural machinery. The court appointed a sole arbitrator under Section 11(6), affirming that minimalist clauses can satisfy the statutory threshold for arbitration agreements in commercial contracts.
The NCLAT upheld Section 7 admission, holding that continuing failure to deliver possession generates a fresh cause of action daily under Section 22 Limitation Act. Pendency of High Court winding-up proceedings does not bar NCLT from admitting a corporate debtor. Homebuyers' claims thus survive limitation through continuing default, and IBC initiation isn't stalled by parallel liquidation petitions.
The Gauhati High Court has ruled that any suit seeking a declaration of marital status-such as validity of marriage or spousal rights-must be filed exclusively before a Family Court under Section 7 of the Family Courts Act. Civil courts lack jurisdiction even if the facts are undisputed, reinforcing the Act’s intent to centralize all matrimonial disputes in specialized forums and prevent forum shopping.