Page 20 - Banking Finance April 2021

LEGAL UPDATE

Parental-side kin can Husband liable for there and got the complainant treated
as also medico legally examined." The
inherit property of Hindu woman's injuries in
woman had also alleged that she had
widow: Supreme Court matrimonial home: SC miscarried twice earlier because of
The Supreme Court has recently Denying pre-arrest bail of a man assault in her matrimonial home.
declared that family members on the accused of assaulting his spouse, the NCLT can rule only on
parental side of a Hindu widow can't Supreme Court has recently declared
be held to be 'strangers' and her that a husband would be primarily insolvency of corporate
property can devolve upon them under liable for injuries inflicted on a wife in debtors: Supreme Court
the Hindu Succession Act. the matrimonial home even if these
were caused by his relatives. The Supreme Court has recently held
Referring to Section 15(1)(d) of the that the National Company Law
Act, a bench of Justices Ashok Bhushan It was the man's third marriage and Tribunaal has jurisdiction to adjudicate
and R. Subhash Reddy stated the heirs the woman's second. A year after the disputes, which arises solely or relates
marriage, a child was born to them in
of the father of a Hindu woman are to the insolvency of a corporate debtor.
2018. In June 2020, she lodged a
covered under persons entitled to The SC, however, cautioned NCLT and
succession of property. complaint with Ludhiana police against
her husband and in-laws after an its appellate tribunal (NCLAT) to ensure
The bench said, "A perusal of the alleged brutal assault on her by the that they do not usurp the legitimate
Section indicates that heirs of the husband, father-in-law and mother-in- jurisdiction of other courts, tribunals
father are covered in the heirs (of the law, accusing her of not meeting their and forum, when the dispute is not
property), who could succeed. When growing dowry demands. related to the insolvency of the
heirs of father of a female are included Corporate Debtor.
When the husband's counsel Kushagra
as person who can possibly succeed, it A bench of Justices D.Y. Chandrachud
can't be held that they are strangers Mahajan persisted with the request for and M.R. Shah said that considering
anticipatory bail, a bench headed by
and not the members of the family qua CJI S.A. Bobde stated, "What kind of a the text of Section 60(5)(c) (of IBC) and
the female." the interpretation of similar provisions
man are you? She alleges that you
Section 15 states that the property of were about to kill her by strangulation. in other insolvency related statutes,
a female Hindu dying intestate (not She alleges that you forced a NCLT has jurisdiction to adjudicate
having made a will) shall devolve miscarriage. What kind of man are you disputes, which arise solely from or
according to the rules set out in to use a cricket bat to beat up your which relate to the insolvency of the
Section 16 - wife?" Corporate Debtor.
a) firstly, upon the sons and The Punjab and Haryana high court, The SC verdict came on an appeal filed
daughters (including the kids of while refusing to grant anticipatory by Gujarat Urja Vikas Nigam Ltd
any predeceased son or daughter) bail to the husband, had extracted the against a NCLAT order by which it had
and the husband; woman's complaint, which read, "On upheld the decision of NCLT staying the
b) upon the heirs of the husband; June 12, 2020, at about 9 pm, the termination of Power Purchase
petitioner (husband) and his father, Agreement (PPA) entered with a firm
c) upon the mother and father; armed with a cricket bat, gave the Astonfield Solar (Gujarat) Private

d) upon the heirs of the father; and complainant merciless beatings in Limited, which later went into
which the petitioner's mother also insolvency.
e) lastly, upon the heirs of the
participated; the petitioner attempted Dismissing the appeal, the SC said that
mother."
to strangulate the complainant and his the institutional framework under the
The court upheld the order of HC and father put a pillow on her face with an Insolvency and Bankruptcy Code (IBC)
trial court which allowed a childless intention to kill her; after giving her contemplated the establishment of a
widow to enter into a family merciless beatings, she was thrown on single forum to deal with matters of
settlement in favour of her brothers' the road; on being informed, the insolvency, which were distributed
son. complainant's father and brother came earlier across multiple fora. T

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