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News and Recent Judgment Gist (BETA)

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1. SC refers applicability of IBC moratorium sections in cheque bounce cases to 3-judge bench

SC refers applicability of IBC moratorium sections in cheque bounce cases to 3-judge bench - Litigation - 4 min read SC refers applicability of IBC moratorium sections in cheque bounce cases to 3-judg

SC refers applicability of IBC moratorium sections in cheque bounce cases to 3-judge bench

SC refers applicability of IBC moratorium sections in cheque bounce cases to 3-judge bench - Litigation - 4 min read SC refers applicability of IBC moratorium sections in cheque bounce cases to 3-judge bench Under the IBC, once the insolvency proceedings are invoked against a defaulting firm, all the recovery cases against it get stayed in a bid to save the assets of the firm with an aim to either revive it or liquidate to ensure repayment of dues to the creditors. New Delhi, The Supreme Court has referred to a larger three-judge bench an important legal question whether the moratorium provisions of the Insolvency and Bankruptcy Code (IBC) staying all recovery proceedings against a firm undergoing insolvency proceedings will also lead to the halting of cheque bounce cases against the company and its directors. Under the IBC, once the insolvency proceedings are invoked against a defaulting firm, all the recovery cases against it get stayed in a bid to save the assets of the firm with an aim to either revive it or liquidate to ensure repayment of dues to the creditors. It also referred to the larger bench the second question whether Section 138 of the Negotiable Instruments (NI) Act, under which cheque bounce cases are prosecuted and the objective underlying the enactment indicate that "it is quasicriminal in nature with a tilt towards the criminal side?" Justice Pardiwala, writing a 151-page judgment, said, "We are of the opinion that, for a comprehensive consideration and an authoritative pronouncement after taking into account all aspects, including those dealt with hereinabove, the matter needs to be placed before Hon'ble the Chief Justice of India to constitute an appropriate three-Judge Bench." "Whether the provisions of Section 138 of the NI Act and the objective underlying the enactment thereof indicate that it is quasi-criminal in nature with a tilt…

2. Crypto companies without EU licences face prosecution, French regulator warns

Crypto companies without EU licences face prosecution, French regulator warns - International - 1 min read Crypto companies without EU licences face prosecution, French regulator warns EUROPE-Crypto c

Crypto companies without EU licences face prosecution, French regulator warns

Crypto companies without EU licences face prosecution, French regulator warns - International - 1 min read Crypto companies without EU licences face prosecution, French regulator warns EUROPE-Crypto companies without EU licences face prosecution, French regulator warns By Elizabeth Howcroft PARIS, - France's top markets regulator warned crypto companies they could be blacklisted and sued if they do not get an EU licence to operate by end of June, as the bloc fully rolls out tighter regulation of crypto. Under the European Union's crypto rules, MiCA, crypto companies have until June 30 to get a licence to continue operating in the bloc. European regulators have already warned that companies without licences need to have "orderly wind-down plans" in place. The rules, which were agreed in 2023, bring regulatory oversight to the multi-trillion-dollar crypto industry's operations in Europe, even as U.S. President Donald Trump's administration has eased regulation for the crypto sector in the U.S.. Crypto companies which have not secured licences by the EU's deadline will be put on blacklists and will face enforcement action, including prosecution, if they continue to seek EU customers without authorisation, Barbat-Layani said. Under MiCA, crypto companies have to apply for licences from regulators in individual EU countries, which they can use as a "passport" to operate throughout the 27-nation bloc. Last year, some regulators became concerned about differences in how countries were applying the rules, with the speed of licence approvals in Malta drawing scrutiny from the European Securities and Markets Authority (ESMA).

3. Twisha Sharma death case: CBI to produce Giribala Singh in court on Friday

Twisha Sharma death case: CBI to produce Giribala Singh in court on Friday BHOPAL: Former judge Giribala Singh was arrested by the CBI on Thursday in connection with the probe into the death of her da

Twisha Sharma death case: CBI to produce Giribala Singh in court on Friday

Twisha Sharma death case: CBI to produce Giribala Singh in court on Friday BHOPAL: Former judge Giribala Singh was arrested by the CBI on Thursday in connection with the probe into the death of her daughter-in-law, Twisha Sharma, and allegations of dowry harassment after being questioned for over seven hours at her residence in Bhopal, officials said. According to officials, a CBI team interrogated Singh at her residence in Bhopal’s Bag Mughaliya Extension area before taking her into custody. The agency will produce Giribala before a court on Friday. The CBI has informed the district court that she has been arrested and will be produced on Friday. Giribala has been taken to MANIT (Maulana Azad National Institute of Technology), where she may be kept in custody at a guest house for the night. Her arrest came a day after the Madhya Pradesh high court quashed her anticipatory bail. Meanwhile, the Supreme Court has directed both the victim’s family and the accused’s family to refrain from giving media interviews during the course of the investigation to ensure a fair and impartial probe. Giribala Singh has been booked under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including Section 80(2) related to dowry death, Section 85 pertaining to cruelty by husband or relatives, and Section 3(5) involving acts committed in furtherance of common intention.

4. InvITs industry pushes for easier M&A rules to boost investor interest

InvITs industry pushes for easier M&A rules to boost investor interest - Industry - 3 min read InvITs industry pushes for easier M&A rules to boost investor interest India's InvITs sector, managing ₹7

InvITs industry pushes for easier M&A rules to boost investor interest

InvITs industry pushes for easier M&A rules to boost investor interest - Industry - 3 min read InvITs industry pushes for easier M&A rules to boost investor interest India's InvITs sector, managing ₹7 lakh crore in assets, is urging regulators for simpler M&A rules. Industry leaders want change of control guidelines to match those for listed companies. This aims to attract more investors by streamlining acquisition processes. Current rules can make buyers acquire more units than intended. The InvITs industry with ₹7 lakh crore of assets under management is seeking M&A-friendly guidelines from regulators for the asset class to be able to attract more investors, several industry executives said. Their request is that guidelines for change of control transactions involving InvITs should have parity with market regulator Sebi's open offer guidelines, they said. In the case of change of control in a listed company wherein an acquirer picks up a 25% stake or more from an existing promoter, the acquirer needs to make a further offer to buy up to 26% of the shares held by public equity shareholders. For instance, if only 67% of unit holders of an InvIT who are in the category of public, consent to a change of control, an acquirer would theoretically have to buy 33% of the unit holders who did not consent.

5. Supreme Court pulls up Centre over food safety failures, seeks audit

Supreme Court pulls up Centre over food safety failures, seeks audit - Litigation - 2 min read Supreme Court pulls up Centre over food safety failures, seeks audit The Supreme Court has directed the C

Supreme Court pulls up Centre over food safety failures, seeks audit

Supreme Court pulls up Centre over food safety failures, seeks audit - Litigation - 2 min read Supreme Court pulls up Centre over food safety failures, seeks audit The Supreme Court has directed the Centre and the Food Safety and Standards Authority of India to explain why a nationwide performance audit of food safety regulations is needed. This comes amid concerns over food adulteration and weak enforcement. The court seeks to understand the effectiveness of the current food safety framework. New Delhi: In a significant move on public health and food safety regulation, the Supreme Court has asked the Centre, the Food Safety and Standards Authority of India and the Comptroller and Auditor General of India to explain why a nationwide performance audit of the implementation of food safety regime, including licensing and registration processes, must not be conducted. A bench of justices Vikram Nath and Sandeep Mehta sought responses from the ministries of health and family welfare and consumer affairs, food and public distribution, among others, on a public interest litigation challenging the enforcement framework under the Food Safety and Standards Act, 2006. The petition, filed by public health advocate Aniruddha Narayan Malpani, flagged regulatory and enforcement failures under the Act, including inadequate penal framework, shortage of food safety officers, weak lab infrastructure, delays in adjudication, non-recovery of penalties and widespread licensing irregularities. The petitioner alleged the framework prescribes fixed and inadequate penalties that fail to create an effective deterrent against violations by large food operators. Malpani urged the court to direct that penalties for food business operators be linked to turnover instead of capped fines, arguing that such a framework would ensure penalties are proportionate to the…

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