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India Columns

Payment time of sale consideration can be extended even in a consent decree of specific performance.

Payment time of sale consideration can be extended even in a consent decree of specific performance.

Date: Sep 2, 2022
Payment time of sale consideration can be extended even in a consent decree of specific performance. The Supreme Court in  Kishor Ghanshyamsa Paralikar (D) Balaji Mandir Sansthan Mangrul (Nath)...

Dispose of Sections 11(5) & 11(6) Applications pending over for 1 year within 6 months, Supreme Courts directs the High Courts.

Dispose of Sections 11(5) & 11(6) Applications pending over for 1 year within 6 months, Supreme Courts directs the High Courts.

Date: Sep 2, 2022
The Supreme Court in M/s Shree Vishnu Constructions v. The Engineer in Chief Military Engineering Service Service And Ors. on looking at the statements of pending applications sent by various High...
Police should not abuse sex workers and the Media should not publish their pictures during raids and rescue operations.

Police should not abuse sex workers and the Media should not publish their pictures during raids and rescue operations.

Date: Sep 2, 2022
The Supreme Court in Budhadev Karmaskar v. State of West Bengal And Ors. directed that sex workers are not to be harassed either by the police or the media. Invoking its inherent powers prescribed...
NCLAT reverses NCLT Mumbai's order to reinstate the company name

NCLAT reverses NCLT Mumbai's order to reinstate the company name

Date: Sep 1, 2022
According to Section 252 (1) of the 2013 Companies Act, the Tribunal must afford the Registrar, the Company, and all other parties involved a reasonable opportunity to submit arguments and be heard...
Insider trading orders against P. Chand Jeweller are dismissed by the SC

Insider trading orders against P. Chand Jeweller are dismissed by the SC

Date: Sep 1, 2022
In this instance, the Supreme Court overturned SEBI and SAT rulings that found the managing director of PC Jewellers and a few of his family guilty of breaking the rules against insider trading. The...
In making a decision regarding the request to abolish CIRP,  NCLT or its court of appeal cannot unilaterally dismiss CoC's business acumen

In making a decision regarding the request to abolish CIRP, NCLT or its court of appeal cannot unilaterally dismiss CoC's business acumen

Date: Sep 1, 2022
The Apex Court established that the NCLT or its appellate court cannot call into question the Committee of Creditors' (CoC) decision to discontinue CIRP proceedings in the precedent-setting case of...
Per se, not medical negligence if the patient's life could not be saved.

Per se, not medical negligence if the patient's life could not be saved.

Date: Sep 1, 2022
The Supreme Court Chanda Rani Akhouri & Ors. vs. Dr M.A. Methusethupathi & Ors., observed that there was no error in the order of the National Consumer Disputes Redressal Commission (NCDRC) in...
It is permissible to selectively reduce the share capital

It is permissible to selectively reduce the share capital

Date: Sep 1, 2022
In the case of Brillio Technologies Pvt. Ltd. VS Registrar of Companies & Anr. The National Company Law Appellate Tribunal ("NCLAT") reversed the National Company Law Tribunal ("NCLT" decision)'s....
NCLT may continue with the petition for winding up even after removal of name from register of companies

NCLT may continue with the petition for winding up even after removal of name from register of companies

Date: Sep 1, 2022
The NCLAT made it evident that when interpreting sub-section (8) of Section 248 it has no bearing on the Tribunal's authority to wind up the firm whose name has been removed from the register of...
Under Rule 11 of the NCLAT Rules, NCLAT has not been expressly given the authority to conduct reviews

Under Rule 11 of the NCLAT Rules, NCLAT has not been expressly given the authority to conduct reviews

Date: Sep 1, 2022
In the aforementioned case, the appellant filed an application pursuant to Rule 11 of the NCLAT Rules, 2016 seeking a review of the NCLAT judgement dated February 7, 2020 on the grounds that the...

Continuing an Unlawful Activity For Gaining Advantages Other Than Economic Or Pecuniary Is Also An "Organised Crime"

Continuing an Unlawful Activity For Gaining Advantages Other Than Economic Or Pecuniary Is Also An "Organised Crime"

Date: Sep 1, 2022
The Supreme Court in Abhishek vs the State of Maharashtra that continuing unlawful activity with the objective of gaining advantages other than economic or pecuniary is also an "organised crime"...
Rent Cannot be misconstrued as Operational Debt

Rent Cannot be misconstrued as Operational Debt

Date: Sep 1, 2022
The NCLAT was asked to decide in this issue whether a landlord's grant of a lease will be considered a service rendered to a corporate debtor, making the landlord an operational creditor as defined...
Merely because a person admits to signing a particular document doesn't mean its execution is complete.

Merely because a person admits to signing a particular document doesn't mean its execution is complete.

Date: Sep 1, 2022
The Supreme Court in Veena Singh (D) vs District Registrar/Additional Collector (F/R) the execution of a document/deed does not stand admitted merely because a person admits to having signed the...
The limitation time for filing an appeal begins on the day the order is issued, not the date it was uploaded

The limitation time for filing an appeal begins on the day the order is issued, not the date it was uploaded

Date: Aug 31, 2022
In this instance, the Apex Court ruled that the statute of limitations for appealing an NCLT ruling under Section 61 of the IBC would begin on the date the order was announced in open court rather...
For directors who retired before the cheques were issued and dishonoured, Section 141 of the Negotiable Instruments Act is not relevant

For directors who retired before the cheques were issued and dishonoured, Section 141 of the Negotiable Instruments Act is not relevant

Date: Aug 31, 2022
In Alibaba Nabibshah v. Small Farmers Agri-Busineaa Consortium & Ors, the Delhi High Court ruled that a director of a corporation who has resigned is no longer responsible for the day-to-day...
The IBC, 2016 stipulates a time restriction of directory days for admitting or dismissing a petition or initiating CIRP in accordance with the provision contained in sub-sec. (5) of Sec. 9

The IBC, 2016 stipulates a time restriction of directory days for admitting or dismissing a petition or initiating CIRP in accordance with the provision contained in sub-sec. (5) of Sec. 9

Date: Aug 31, 2022
The Government of India proposed the Insolvency and Bankruptcy Code, 2016 to speed up the resolution of insolvency in India, which had previously taken an average of 4.3 years. This law was also put...
No party can seek post interim remedies

No party can seek post interim remedies

Date: Aug 31, 2022
In this case, the Delhi High Court denied a demand by Zostel Hospitality for 7% equity shares in OYO's parent company (Oravel Stays) based on an arbitration judgement. Oravel Stays Pvt Ltd signed a...
The onus of proof rests on the financial creditor to establish default and that the plea filed is not time-barred

The onus of proof rests on the financial creditor to establish default and that the plea filed is not time-barred

Date: Aug 31, 2022
The Supreme Court determined that the financial creditor is solely responsible for demonstrating the occurrence of default and the validity of the application submitted pursuant to Section 7 of the...
A Tamil Nadu custom drives the Court to set aside a POSCO conviction

A Tamil Nadu custom drives the Court to set aside a POSCO conviction

Date: Aug 30, 2022
The Supreme Court in K Dhandapani vs State set aside a POSCO conviction after noticing that the accused had married the prosecutrix and had 2 children. The Court was apprised that there is a custom...
The Supreme Court's take on 'Uncooperative Federalism'

The Supreme Court's take on 'Uncooperative Federalism'

Date: Aug 30, 2022
The Supreme Court in Union of India and Anr versus M/s Mohit Minerals Through Director reiterated what is popularly known about cooperative federalism as held in State (NCT of Delhi) v/s Union of...
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