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Sr., No, , Case Title, , Judgment, BANKING LAW, , 1. KAMAL KUMAR KALIA v. Petition filed challenging the RBI's March 27 circular, UNION OF INDIA & ANR. on the three-month moratorium permitted for loan, (SC), repayments dismissed by Court with direction to, Reserve Bank of India (RBI) to ensure that it's loan, moratorium policy permitting exemption from paying, EMIs and other loans during the COVID-19 lockdown, period is implemented by the banks., https://main.sci.gov.in/supremecourt/2020/10955/1, 0955_2020_32_6_21909_Order_30-Apr-2020.pdf, 2. Indiabulls, Housing, Finance Limited v. HDFC, Bank Ltd & Anr. (Delhi, HC), , The Petitioners sought directions to restrain HDFC, Bank from recovering any amount during the, moratorium imposed by RBI vide circular dated, 27.03.2020. The Court granted time to RBI to seek, instructions whether its circular per se would be, applicable to Indiabulls (being a NBFC) and allowed, HDFC Bank to deduct the due amount from the FDR, with condition that it will not replenish the said amount, till the next date., http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 718&yr=2020, , 3. ASHWANI MEHRA v., INDIAN, OIL, CORPORATION, LIMITED & ORS (Delhi, HC), , The Court injuncted IOCL from encashing/invoking, the three bank guarantees extended by Petitioner in, accordance with the terms of the contract between, Punj Lloyd Limited (PLL) and IOCL relating to the, Haldia Refinery Project till the expiry of one week from, the lifting of the lockdown imposed by the Central, Government, which is presently in force till 3rd May,, 2020.", http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 295&yr=2020, , 4. JR TOLL ROAD PRIVATE The Court restrained YES Bank from declaring the, LIMITED v. YES BANK account as NPA for non-payment of instalment due to, LIMITED (Delhi HC), COVID-19 following the Order passed in Anant Raj Ltd, v. YES Bank wherein petitioners were entitled to the, restoration of state of affairs with respect to the Loan, account as it existed on 1st March, 2020., http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 447&yr=2020, 5. BANSAL, INFRATECH, SYNERGIES LIMITED v., GAIL INDIA LIMITED, (Delhi HC), , The Court on a petition seeking an extension of time, for completion of Arbitral Proceedings and passing of, Award extended the time for completion of Arbitral, Proceeding and passing of the Award for a further, period of six months looking into the Covid19, Pandemic., http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 504&yr=2020
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6. SHAKUNTLA, EDUCATIONAL&, WELFARE SOCIETY v., PUNJAB & SIND BANK, (Delhi HC), , 7. AJAY KUMAR v., HOME FINANCE, (Delhi HC), , The Court held that Any classification of the, petitioner’s accounts as NPA would certainly amount, to altering the position as existing on 01.03.2020 and,, therefore, grave and irreparable loss will be caused to, the petitioner, in case, its accounts are declared as, NPA, only on account of its failure to pay the, instalments, which were admittedly payable on or, before 31.03.2020., http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 413&yr=2020, , IIFL The Court allowed Interim Reoccupation to Debtor of, LTD. property Securitized by Bank due to Nationwide, Lockdown and reversed the Order of DRT-III, Delhi, passed on an Application filed under section 17 of, SARFAESI Act while holding that such reoccupation, would be purely as in interim measure and the, possession shall be deemed to be of the Bank pursuant, to measures taken under section 14 of SARFAESI Act., http://delhihighcourt.nic.in/writereaddata/OrderSAN_, PDF/URGENT/wp(c)2958202009042020.pdf, , 8. ANANT RAJ LIMITED v. The Court held that the advisory issued by RBI on, YES, BANK, LIMITED Moratorium on loans and advances in the wake of, (Delhi HC), COVID-19 is applicable even to loans which were on, default as on 1st March, 2020 and restrained YES Bank, from classifying the loan, which was on default since, January 1 as NPA with effect from March, 1., http://delhihighcourt.nic.in/writereaddata/OrderSAN_, PDF/URGENT/WPCURGENT5202001042020.pdf, 9. M/s, HALLIBURTON, OFFSHORE, SERVICES, INC., v., VEDANTA, LIMITED & ANR (Delhi, HC), , The Court held that 'Lockdown Prima Facie in Nature, of Force Majeure' and passed interim order restraining, invocation of Bank Guarantee while holding that where, “special equities” exists, the court is empowered in, facts and circumstances, to injunct invocation, or, encashment, of Bank Guarantee., http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 386&yr=2020, http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 471&yr=2020, , 10. INDRAJIT, POWER, PRIVATE LIMITED v., UNION OF INDIA & ORS., (Delhi HC), , The Court relying on a series of case laws stating that, merely because the invocation would cause financial, distress, it could not be a ground of stay and thus did, not restrain the UOI to invoke Bank Guarantee issued, by Petitioner, http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 366&yr=2020, , 11. EASTMAN, AUTO, &, POWER, LIMITED, v., RESERVE, BANK, OF, INDIA & ORS. (Delhi, HC), , The Court observed that Factoring Facility offered by, banks was at par with loans and advances and would, thus be covered by the RBI Circulars for benefit of, borrowers during COVID-19, the stay was granted and, bank was restrained from taking any coercive action, for default in payment for the bank's Factoring Facility.
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http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=71, 419&yr=2020, 12. Purna Sai Hospitals v. Stay granted to the hospital from auction with, Syndicate Bank (Andhra direction that hospital be used to treat COVID-19, Pradesh HC), patients on Writ Petition filed seeking stay of proposed, auction initiated by the respondent bank under, SARFAESI Act, 2020 SCC OnLine AP 42, 13. Standard Retail Pvt. Ltd., v., M/s. G. S. Global, Corp & Ors. (Bombay, HC), , The Court refused 'Force Majeure' Exemption to Steel, Importers who had sought to restrain the encashment, of their Letters of Credit holding that Steel has been, declared as 'Essential Service' during lockdown, , 14. INDIABULLS, The Court on a petition challenging the demands of, COMMERCIAL, CREDIT loan repayment/installment made by SIDBI restrained, LTD. v. SIDBI & ANR. SIDBI till Petitioner seeks clarification from RBI, (Delhi HC), whether circular dated 27.03.2020 on moratorium on, loan repayments extends to NBFCs., CONSTITUTIONAL/WRIT LAW, 15. VALENCIO ROSENBERG Directed the respondent to take measures to arrange, RODRIGUES v. UNION release of seafarers who are held up in different ships, OF INDIA & ANR. (SC), at various places and to take measures to bring back, all Goan seafarers to India due to the threat to their, life and health because of Covid-19., https://main.sci.gov.in/supremecourt/2020/11013/11013_2020_31_18_, 21870_Order_27-Apr-2020.pdf, , 16. Shashank Deo Sudhi … The order dated 08.04.2020 which made testing in, v. Union of India and private Labs of COVID-19 free for all starta of society, Ors. (SC), was modified to make testing in private Labs of, COVID-19 free only for economically weaker sections, of the society who are unable to afford the payment of, testing fee as fixed by ICMR for COVID-19., https://main.sci.gov.in/supremecourt/2020/10816/10816_2020_33_1_2, 1598_Order_13-Apr-2020.pdf, https://main.sci.gov.in/supremecourt/2020/10816/10816_2020_0_8_21, 591_Order_08-Apr-2020.pdf, , 17. REEPAK, KANSAL Directed Union of India to consider whether it is, VERSUS, UNION, OF feasible for it to implement the One Nation One Ration, INDIA (SC), Card Scheme, framed by the Central Government, which was going to start from June, 2020 at this stage, or not and take appropriate decision in this regard, keeping in view the present circumstances., https://main.sci.gov.in/supremecourt/2020/10951/10951_2020_31_14_, 21870_Order_27-Apr-2020.pdf, , 18. MUSTAFA MH VERSUS Petition seeking safe return of pilgrims stranded in, UNION OF INDIA & ANR. Iran disposed-off on assurance by UOI to assist and, (SC), repatriate Indian pilgrims in Iran, https://main.sci.gov.in/supremecourt/2020/10774/10774_2020_0_11_2, 1582_Order_01-Apr-2020.pdf, , 19. JERRYL BANAIT, v. Detailed Directions/Guidelines issued to Union of India, UNION OF INDIA & ANR to safeguard and protect the medical professionals, (SC), and, make, necessary, suggestions, in
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the`Rational Use of Personal Protective Equipment’ g, uidelines so that, PPEs are provided to all health officials, as stated abo, ve, who are working in Non-Covid treatment areas., https://main.sci.gov.in/supremecourt/2020/10795/10795_2020_31_3_2, 1870_Order_27-Apr-2020.pdf, https://main.sci.gov.in/supremecourt/2020/10795/10795_2020_0_5_21, 591_Order_08-Apr-2020.pdf, , 20. IN RE: COGNIZANCE, FOR EXTENSION OF, LIMITATION (SC), , Order dated 23.03.2020, The Court ordered that a period of limitation in filing, their petitions/applications/suits/ appeals/all other, proceedings irrespective of the limitation prescribed, under the general law or Special Laws whether, condonable or not shall stand extended w.e.f. 15th, March 2020 till further order/s to be passed by this, Court in present proceedings., Order dated 06.05.2020, All periods of limitation prescribed under the, Arbitration and Conciliation Act, 1996 and under, section 138 of the Negotiable Instruments Act 1881, extended with effect from 15.03.2020, https://main.sci.gov.in/supremecourt/2020/10787/1, 0787_2020_1_12_2 1570_Order_23-Mar-2020.pdf, https://main.sci.gov.in/supremecourt/2020/10787/1, 0787_2020_31_6_21961_Order_06-May-2020.pdf, , 21. IN RE: CONTAGION OF Order dated 23.03.2020 - Constitution of High Level, COVID 19 VIRUS IN Committee to decide release of prisoners., PRISONS (SC), Order dated 07.04.2020- Directions issued to, Union/State Governments to provide safe transit to, the prisoners who have been released so that they, may reach their homes., Order dated 13.04.2020- Additional directions and, clarifications of its previous Orders, https://main.sci.gov.in/supremecourt/2020/9761/9761_2020_0_17_215, 85_Order_07-Apr-2020.pdf, https://main.sci.gov.in/supremecourt/2020/9761/9761_2020_1_8_2157, 0_Order_23-Mar-2020.pdf, https://main.sci.gov.in/supremecourt/2020/9761/9761_2020_31_17_21, 596_Order_13-Apr-2020.pdf, , 22. ALJO J. JOSEPH Vs, UOI, (SC), Writ, Petition (Civil) Diary, No. 11055/2020, , Petitioner, a lawyer through prayer sought exemption, to lawyers from paying rentals. The SC observed that, it is not inclined to pass any relief as rentals are, livelihood for many landlords and the Petitioner should, approach BCI or Government. The Writ Petition was, dismissed as withdrawn, , 23. JAGDEEP, S., CHHOKAR & ANR. v., UNION, OF, INDIA, (SC), , The Court disposes of plea to allow movement of, migrants by observing that all necessary steps are, being taken by the Centre and the states in this, regard. With regard to question of 15% fare allegedly, being charged, the court observed thus:, “Insofar as charging of 15% of Railway tickets' amount, from workers, it is not for this Court to issue any order
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under Article 32 regarding the same, it is the, concerned State/Railways to take necessary steps, under the relevant guidelines.”, https://main.sci.gov.in/supremecourt/2020/10947/1, 0947_2020_32_8_21916_Order_05-May-2020.pdf, 24. Abhinav Ramakrishna The Court junked plea seeking uniform welfare scheme, v. Union of India & for Lawyers amid COVID-19 Lockdown by orally, Ors (SC), observing that "Such a plea cannot be filed under, Article 32", https://main.sci.gov.in/supremecourt/2020/11049/1, 1049_2020_32_11_21993_Order_08-May-2020.pdf, 25. Gajendra v. Union of India The Court on a plea of charging of interest rate on the, & Ors. (SC), loan amount during the moratorium period asked, solicitor General to obtain instructions from Centre,, RBI on the issue of levying of interest on the loan, amount during the moratorium period, https://main.sci.gov.in/supremecourt/2020/11127/1, 1127_2020_32_20_21993_Order_08-May-2020.pdf, 26. Guruswami Natraj v. The Court refused to interfere in a Plea seeking, Union of India & Ors. Prohibition of Liquor Sale through Direct Contact in, (SC), Lockdown and asks States to consider Home Delivery, of Liquor., https://main.sci.gov.in/supremecourt/2020/11141/1, 1141_2020_32_21_21993_Order_08-May-2020.pdf, 27. UOI, v. The Court stayed Orissa High Court's order which, Narayana Chandra, mandated stranded migrants to test negative for, Jena & Anr. (SC), COVID-19 before returning to State and observed that, the Government of India Guidelines dated 29.04.2020, which provides ample protection were neither brought, into the notice nor were under challenge before Orissa, High Court, https://main.sci.gov.in/supremecourt/2020/11156/1, 1156_2020_32_26_21993_Order_08-May-2020.pdf, 28. W.P. No.6435/2020, (Karnataka HC), , The Court asked the State Government to make, migrants aware of State Policy so they do not, "undertake the adventure of walking" to their, hometowns and ensure that migrant workers do not, breach social distancing rules while being transported., https://karnatakajudiciary.kar.nic.in/noticeBoard/WP6435-2020-08052020.pdf, , 29. Mahendra Singh v., Commissioner, of, Police & Ors (Bombay, HC), , The Court on a plea of Habeas Corpus observed:, “Quarantine facilities cannot be used by the police to, keep away people, who according to them, are of, nuisance value. Quarantine facilities cannot be used as, preventive detention or as a punitive measure.", https://bombayhighcourt.nic.in/writereaddata/webor, ders/PDF/O08052020169999.pdf, , 30. ANIL K AGGARWAL, While dismissing a petition to shut down public sector, ADVOCATE & ANR v. undertakings during the lockdown, the Court stated, that courts cannot sit in appeal over Executive Policy,
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UNION OF INDIA & least of all during the COVID-19 pandemic, unless such, ORS. (Delhi HC), policy is tainted in law., Go to Portal - http://164.100.69.66/jsearch/ Add Case, detail- W.P. (C) No. 3027/2020, 31. RAKESH MALHOTRA, v., GOVT., OF, NATIONAL CAPITAL, TERRITORY OF DELHI, & ORS. (Delhi HC), , The Court on a petition gave slew of directions to the, State Government., “Delhi Government is directed to ensure that the, samples that are furnished to the accredited labs,, details whereof have been furnished in the documents, forwarded by learned ASC by Whatsapp shall be, processed and reports forwarded within a period of, 24/48 hours. It is further directed that the Delhi, Government shall continue updating its website on a, regular basis to reflect the correct number of tests that, are being conducted for COVID-19 in Delhi, mention, the number of cases that are positive or negative and, state the number of results that are pending after the, tests are conducted.”, Go to Portal - http://164.100.69.66/jsearch/ Add Case, detail- W.P. (C) No. 3031/2020, , 32. B Ramkumar Adityan, v. Chief Secretary,, Tamil Nadu and ors, (Madras HC), , The Court while refusing to stay the State, Government's decision to re-open TASMAC/liquor, vending outlets from May 7 on PIL seeking to prohibit, alcohol sale amid the COVID-19 pandemic issued, certain guidelines for the sale of alcohol in the State., https://www.mhc.tn.gov.in/lockdown_orders/pdf_log, o/15888373814977.pdf, , 33. All India Loco Running, Staff, Association, v., Union of India & Ors., (Delhi HC), , Operation of the impugned letter No.2016/ML/467/1, dated 20.03.2020, issued by the Ministry of Railways,, Railway Board which has the potential of exposing the, members of the petitioner association to the risk of, coronavirus spread stayed., The Court clarified that the Railways will not subject, the Loco Running Staff to either the breath analyzer, test or the bio-metric verification, during signing, on/off duties., http://delhihighcourt.nic.in/writereaddata/OrderSAN_, PDF/sid/2020/URGENT4_27032020.pdf, , 34. ALAKH, ALOK Advisories issued to Media Houses, State & Central, SRIVASTAVA, VERSUS Govts to tackle the situation and have a humane, UNION OF INDIA (SC), approach while dealing with migrant labourers., https://main.sci.gov.in/supremecourt/2020/10789/10789_2020_0_1_21, 581_Order_31-Mar-2020.pdf, , 35. In, Re. Corona VirusCOVID-19 Pandemic v., Government of Andhra, Pradesh,, Represented, by its Chief Secretary, and Others (Andhra, Pradesh HC), , RIGHTS, ROLES AND RESPONSIBILITIES OF HEALTH, WORKERS, INCLUDING KEY CONSIDERATIONS FOR, OCCUPATIONAL SAFETY AND HEALTH EXPLAINED, 2020 SCC OnLine AP 37
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36. Suo Motu v. State of Discussed and placed on record the GOI report, Gujarat, and, Others cancelling Visa of all foreign nationals participated in, (Gujrat HC), Tablighi Jamat event. Also discussed on measures, taken by Gujarat Government to tackle the spread of, pandemic., 2020 SCC OnLine Guj 505, 37. Air Traffic Controllers, Guild (India) v. Union of, India and Others (Delhi, HC), , Stay granted on use of breath analyzer test and other, directions issued to AAI & DGCA as a temporary, measure to secure the interest of petitioners., 2020 SCC OnLine Del 486, , 38. NARESH, KUMAR, v., DIRECTOR, OF, EDUCATION & ANR., (Delhi HC), , The Court rejected the petition seeking complete, exemption from payment of any fee, including tuition, fee, to schools during the period of lockdown and, opined that so long as education was being imparted, online, and students were availing its benefit, schools, could not be treated as “closed” so as to disentitle, them from charging tuition fees., , 39. DELHI, ROZI-ROTI, ADHIKAR ABHIYAN v., UNION OF INDIA AND, ORS (Delhi HC), , The Court on an application concerning widespread, violation of the National Food Security Act, 2013, during the lockdown directed the State Government to, ensure that all ration shops remain operational and, disburse PDS food grains in accordance with the policy., , 40. K.Narayanan v. State of The Court dismissed a plea seeking to reveal the, Tamil Nadu (Madras HC) identities of persons afflicted by COVID-19 on, Government websites, so that others who believe they, have come into contact with such persons may, quarantine themselves pointing out that the Central, Government itself has recognised that it is likely that, social stigma will be associated with the disease., 41. BALU, The Court issued a slew of directions to ensure that, GOPLALAKRISHNAN & New York-based data analysis company, Sprinklr, does, Ors v. State of Kerala & not misuse the sensitive COVID-19 data entrusted to, Ors (Kerala HC), it by the Kerala Government as part of its COVID-19, data management efforts., LABOUR LAWS, 42. KERALA, VYDYUTHI, MAZDOOR SANGHAM &, ORS. v. STATE OF, KERALA & ORS (Kerala, HC), , The Court on a Petition challenging state government's, recent decision to defer paying six days' worth salaries, to government employees for the next five months in, the wake of the COVID-19 crisis stayed the Operation, of Govt decision for two months while holding that, Payment of salary is certainly not a matter of bounty., It is a right vested in every individual to receive the, salary. Article 300A of the Constitution which confers, a right to property will include within its purview, "salary" also a property, at least prima facie.", http://highcourtofkerala.nic.in/covid_files/WPCTMP18, 2202028042020.pdf
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43. Align Components Pvt., Ltd and another v. Union, of India and others, (Bombay HC), , The Court on a petition challenging the notification, issued by the GOI dated 29/03/2020 held that the, workers would be expected to report for duties as per, the shift schedules subject to adequate protection,, from Corona Virus infections, by the employer in areas, where restrictions are lifted in Maharashtra. In the, event such workers voluntarily remain absent, the, Management would be at liberty to deduct their wages, for their absence subject to the procedure laid down in, Law while initiating such action. This would apply even, to areas where there may not have been a lock down., https://bombayhighcourt.nic.in/generatenewauth.php, ?bhcpar=cGF0aD0uL3dyaXRlcmVhZGRhdGEvZGF0YS, 9hdXJjaXZpbC8yMDIwLyZmbmFtZT1XUDEwNTY5MjA, zMDA0MjAucGRmJnNtZmxhZz1OJnJqdWRkYXRlPSZ1c, GxvYWRkdD0zMC8wNC8yMDIwJnNwYXNzcGhyYXNlPT, AzMDUyMDE2MDMxNw==, , 44. K.Amsa Kannan v. State The Court dismissed Plea for Reduction in Salary of, of Tamil Nadu (Madras Government Servants holding that it is a matter of, HC), Govt. Policy., MISCELLENEOUS LAWS, 45. M/S. BT INDIA PRIVATE The Court allowed the petition seeking to quash two, LTD v. INCOME TAX Income Tax demand notices dated March 26, 2020, in, OFFICER (Delhi HC), connection with Assessment Years 2012-2013 and, 2013-2014, and the subsequent penalty proceedings, initiated by Income Tax Department and held that, "Immediately after the lockdown is withdrawn by the, Government, a period of two weeks reckoned, therefrom is granted to the petitioner to reply to the, Notices to the show cause issued by the respondent., Immediately after receiving replies to the Notices to, show cause, the respondent shall be at liberty to take, further steps in both the matters, in accordance with, law.", 46. THE STATE OF ANDHRA The Court declined to interfere with the said decision, PRADESH, of the Election Commission in issuing a Notification, v., dated 15.03.2020 postponing the elections for the, THE ANDHRA PRADESH local bodies such as Panchayats and Municipal Bodies, STATE, ELECTION by six weeks or any other date on the ground of spread, COMMISSION (Andhra of COVID 19 particularly since the postponement is, Pradesh HC), due to possible outbreak of Corona virus (COVID 19), epidemic, in, the, country., 47. Sopan Ramesh Lanjekar The Court on Application under Section 439 of the, v. State of Maharashtra Cr.P.C. for seeking regular bail held :-"Release of an, (Calcutta HC), accused or convict at the cost of breaching the order, of lockdown and at the cost of risking lives of many, cannot be considered to fall within the category of, “extreme urgent matter." Application deferred to later, date., 2020 SCC OnLine Bom 468
Page 9 : 48. Mustak Hussain and, another v. State of, Haryana & Ors (Punjab, & Haryana HC), 49. Ali Akbar Shroff v., State of Maharashtra, (Bombay High Court), , The Court held that Lodging of Petitioners in, Quarantine Centre to avoid spread of Covid-19 impact, is not Illegal Confinement and dismissed the petition., The Court on a bail application moved in the wake of, the COVID-19 pandemic observed thus:, "It is for the Authorities to arrange for their affairs and, to ensure that the inmates who are presently housed, in the Jail are not infected by the virus on account of, over-crowding in jails and not be reminded of Right of, Inmates of a safe and healthy environment as even, while incarceration they equally enjoy right to life as, those in outside world.", https://bombayhighcourt.nic.in/writereaddata/webor, ders/PDF/O0805202000021.pdf, , PREPARED BY:, Somya Yadava, Partner, THS- The Law Firm
[email protected], Ashutosh Jain, Associate, THS- The Law Firm
[email protected]