India Columns

On Direction Of The Top Court, The Comptroller Of Examinations To Examine Students' Grievances About Differences In Marks Allotted By School & Board.

Date: Sep 15, 2022

The Supreme Court in Jay Dhande & Ors vs Union of India & Ors directed the Comptroller of Examinations to examine the grievances of students in the dispute with regard to marks allotted to petitioner...

The Legal Character of Remand Orders in Indian Civil Procedure: When is an Order of Remand a Decree?

Date: Sep 15, 2022

The Legal Character of Remand Orders in Indian Civil Procedure: When is an Order of Remand a Decree? Introduction The Code of Civil Procedure, 1908 (CPC), provides a comprehensive framework for the...

Subordinate Court Staff's fault or a delay in complying with an order are not cogent reasons to transfer a case

Date: Sep 15, 2022

The Supreme Court in Nazma Naz v. Rukhsana Bano case held that any fault or shortcoming on the part of the staff of the Subordinate Court or any delay in compliance by the Court is not by itself a...

The mentally disabled are entitled to have their assessment done at their home for a disability certificate.

Date: Sep 15, 2022

The Madras High Court in TR Ramanathan v. Tamil Nadu State Mental Health Authority and another emphasized the right to dignity of the mentally disabled persons. It observed that they have the right...

Advocates Assisting Public Prosecutors: Statutory Framework, Jurisprudence, and Emerging Trends in India

Date: Sep 15, 2022

Advocates Assisting Public Prosecutors: Statutory Framework, Jurisprudence, and Emerging Trends in India Introduction The Code of Criminal Procedure, 1973 (CrPC) recognises a limited yet significant...

The Maxim Expressio Unius Est Exclusio Alterius in Indian Jurisprudence

Date: Sep 15, 2022

The Maxim Expressio Unius Est Exclusio Alterius: A Critical Analysis of its Application in Indian Statutory Interpretation Introduction The interpretation of statutes is a cornerstone of the judicial...

BJP members accused of hurling slippers at Minister PTR's car are granted anticipatory bail by the Madras High Court

Date: Sep 15, 2022

Three BJP members were recently granted anticipatory bail by the Madras High Court after they allegedly blocked the state finance minister's car on August 13, 2022, assaulted and humiliated him and...

Appointment of Public Prosecutors in India

Date: Sep 15, 2022

The Appointment of Public Prosecutors in India: A Legal and Judicial Scrutiny Introduction The office of the Public Prosecutor (PP) is a cornerstone of the criminal justice system in India. Tasked...

There is no question about one prevailing over the other because the IBC and RBI Guidelines are Disjoint Sets

Date: Sep 14, 2022

In Hemant Kanoria v. SREI Infrastructure Finance Limited (Through its Administrator, Mr Rajneesh Sharma), the National Company Law Tribunal, Kolkata ("NCLT") held that the Insolvency and Bankruptcy...

All parties involved, including the central state or local departments, are required to follow the resolution plan that the COC has approved

Date: Sep 14, 2022

By means of its decision from September 7, 2020 in the case of Punjab National Bank v. Mittal Corp Limited (Company Appeal (AT) (Insolvency) According to the NCLT Kolkata Bench's judgement, CIRP was...

Even after the liquidation process has begun, the managing director must appear in court as an individual, and if the offence is shown to have occurred, he will ultimately be penalised

Date: Sep 14, 2022

In the current case, the CIRP was launched by order dated 07.08.2017 by the adjudicating authority pursuant to Section 7 of the I&B Code, and Mr. Savan Godiawala, the appellant, was appointed as...

Prior to the creation of the committee of creditors, the corporate insolvency resolution procedure proceedings initiated against the corporate debtor may be withdrawn

Date: Sep 14, 2022

The National Company Appellate Law Tribunal ("NCLAT") held an order dated May 5, 2021 in the cases of Ramasamy Palaniappan v. Radhakrishnan Dharmarajan and Others [Company Appeal (AT) (CH) (Ins.) ...

A suspended director who didn't take action on a claimed grievance cannot reject the Resolution Plan

Date: Sep 14, 2022

In its order dated February 17, 2022 ("Order") in the case of Anand Kariwala v. Partha Pratim Ghosh and Others [I.A. (IB) No. 20/KB/2021 in CP (IB) No. 533/KB/2018], the National Company Law...

If there was no significant harm done to the borrower, minor procedural errors are not sufficient to invalidate SARFAESI proceedings brought by secured creditors

Date: Sep 14, 2022

In its ruling dated October 27, 2020 in the case of M/s L&T Housing Finance Limited v. M/s Trishul Developers and Another [Civil Appeal No. 3413 OF 2020], the Supreme Court ("SC") stated that...

NCLT ordered that RP can take possession of a corporate debtor assets which are subject matter of litigation to facilitate the corporate insolvency resolution process

Date: Sep 14, 2022

In the case, of Goa Auto Accessories v. Suresh Saluja (decided on December 12, 2019), the National Company Law Tribunal, Mumbai Bench ("NCLT") held that a resolution professional ("RP") could seize a...

The Power of the Executing Court in India

Date: Sep 13, 2022

The Power and Province of the Executing Court in India: A Juridical Analysis Introduction The process of execution is the critical stage where a judicial decree or order translates into tangible...

Deemed Lapsing of Land Acquisition Proceedings under Section 24(2) of the 2013 Act: A Critical Analysis of Judicial Evolution in India

Date: Sep 13, 2022

Deemed Lapsing of Land Acquisition Proceedings under Section 24(2) of the 2013 Act: A Critical Analysis of Judicial Evolution in India Introduction The enactment of The Right to Fair Compensation and...

Claims that are not included in a resolution plan that has been approved are cancelled

Date: Sep 13, 2022

In Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Co. Ltd., the Hon. Supreme Court of India declared on April 13, 2021, that after the resolution plan was approved, no...

NCLT ruling striking down requirement for filing record of default from the Information Utility to demonstrate financial debt by the financial creditors

Date: Sep 13, 2022

In its joint decision dated August 18, 2020 ("Judgement") in the cases of Univalue Projects Private Limited v. Union of India [W. P. No. 5595 (W) of 2020] and Cygnus Investments and Finance Private...

A successful resolution applicant is not permitted to alter or withdraw the resolution plan once it has been accepted by the CoC and presented to the adjudicating authority

Date: Sep 13, 2022

In its decision dated September 13, 2021, in the case of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited and Another (Civil Appeal No. 3224 of 2020), the Hon....