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India Columns

The SC upholds the IBC's Section 29A disqualification, but invokes Article 142 to safeguard homebuyers' interests

The SC upholds the IBC's Section 29A disqualification, but invokes Article 142 to safeguard homebuyers' interests

Date: Aug 29, 2022
A comprehensive bankruptcy law with a clear legislative objective is the Insolvency and Bankruptcy Code (IBC). Home buyers are now subject to financial creditors under the IBC and must thus be a...
Corporate Debtor's appeal cannot be maintained

Corporate Debtor's appeal cannot be maintained

Date: Aug 29, 2022
In the case of Innoventive Industries Limited v. ICICI Bank Limited, which was heard on August 31, 2017, the Supreme Court of India issued the first comprehensive ruling on the application and...
The NCLT cannot force real estate project allocators into settlements holds SC

The NCLT cannot force real estate project allocators into settlements holds SC

Date: Aug 29, 2022
On a petition filed under section 7 of the IBC to begin the Corporate Insolvency Resolution Process, the NCLT recently rejected the petition and ordered the corporate debtor to first settle the...
The consumer forum has jurisdiction over complaints against telecom companies

The consumer forum has jurisdiction over complaints against telecom companies

Date: Aug 29, 2022
A three-judge bench of the Hon'ble Supreme Court in Vodafone Idea Cellular Ltd v. Ajay Kumar Agarwal, overruling its previous decision, held that consumer complaints against telecom companies are...

Registration of a Family Arrangement is necessary only if the terms are reduced to writing.

Registration of a Family Arrangement is necessary only if the terms are reduced to writing.

Date: Aug 29, 2022
The Delhi High Court in Dr Sanjiv Gupta & Anr. v/s  Sh. S.S. Verma laid down that registration of a Family Arrangement is necessary only if the terms are reduced to writing and not when the terms are...
Revisional Jurisdiction is not meant to anticipate what will happen in the trial

Revisional Jurisdiction is not meant to anticipate what will happen in the trial

Date: Aug 29, 2022
  The Delhi High Court in V K Verma  v. CBI observed that revisional jurisdiction is not meant to test the waters of what might happen in the trial.   The Hon’ble Bench quoted, “The revisional...
Judicial Backlog Alert:- The Supreme Court sets a deadline for Allahabad High Court to decide on 350 bail applications of convicts serving sentences for over 10 years.

Judicial Backlog Alert:- The Supreme Court sets a deadline for Allahabad High Court to decide on 350 bail applications of convicts serving sentences for over 10 years.

Date: Aug 29, 2022
The Apex Court in Suleman v. State of Uttar Pradesh urged the Allahabad High Court to decide the bail applications of the convicts serving sentences for over 10 years, pending as of 22.04.2022 before...
Success fees, which are more speculative and contingent in nature, are not covered by the IBC's and the Regulations' provisions and are therefore not payable

Success fees, which are more speculative and contingent in nature, are not covered by the IBC's and the Regulations' provisions and are therefore not payable

Date: Aug 29, 2022
In its decision dated September 20, 2021 ("Judgement") in the case of Mr. Jayesh N. Sanghrajka v. The Monitoring Agency chosen by the Committee of Creditors of Ariisto Developers Private Limited...
Limited time for winding up proceedings while a civil case is pending

Limited time for winding up proceedings while a civil case is pending

Date: Aug 29, 2022
The Supreme Court established the law regarding the applicability of Article 137 of the Limitation Act, 1963 upon transfer of winding up petitions to the National Company Law Tribunal (NCLT) under...
Section 65-B Of the Indian Evidence Act Does Not Apply To Arbitral Proceedings.

Section 65-B Of the Indian Evidence Act Does Not Apply To Arbitral Proceedings.

Date: Aug 29, 2022
The Delhi High Court in Millennium School v. Pawan Dawar observed that section 65-B of the Evidence Act doesn’t apply to arbitral proceedings and although the principles of the Evidence Act usually...
The Court cannot get carried away just because of the heinousness of the crime.

The Court cannot get carried away just because of the heinousness of the crime.

Date: Aug 29, 2022
The Bombay High Court while hearing a petition for confirmation of the death sentence in The State of Maharashtra Vs Guddu Krish Yadav acquitted Guddu Krish Yadav who was sentenced to the death...
An appeal to NCLAT shall be filed within 30 days.

An appeal to NCLAT shall be filed within 30 days.

Date: Aug 29, 2022
The Supreme Court in Safire Technologies Pvt. Ltd Vs Regional Provident Fund Commissioner & Anr reiterated that an appeal to  NCLAT shall be filed within 30 days and the appellate tribunal can only...
Calcutta High Court: NCLT ruling striking down requirement for filing record of default from the Information Utility to demonstrate financial debt by the financial creditors

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

Date: Aug 26, 2022
In its joint decision dated August 18, 2020 ("Judgment") 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...
Twin Conditions To Be Satisfied: SC On Claims Of Wages or Salaries

Twin Conditions To Be Satisfied: SC On Claims Of Wages or Salaries

Date: Aug 26, 2022
The Supreme Court has made clear the complexities surrounding the demand for payment of wages/salaries before the Corporate Insolvency Resolution Process (CIRP), during CIRP, and during the...
Protection of the environment would have precedence over economic interest, in case of doubt

Protection of the environment would have precedence over economic interest, in case of doubt

Date: Aug 26, 2022
The Supreme Court in T.N. Godavarman Thirumulpad vs Union Of India while revoking the approval granted by the Standing Committee of the National Board for Wildlife (NBWL) for doubling the existing...
Arbitrator isn't entitled to allow forfeiture of a significant amount of Money Without Proof of Actual Loss

Arbitrator isn't entitled to allow forfeiture of a significant amount of Money Without Proof of Actual Loss

Date: Aug 26, 2022
In the recent judgement of Rajesh Gupta v. Ram Avtar, the High Court of Delhi (High Court) partially set aside an arbitral award on the grounds that the sole arbitrator had incorrectly allowed...
Prior to the creation of the committee of creditors, the corporate insolvency resolution procedure proceedings initiated against the corporate debtor may be withdrawn

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

Date: Aug 26, 2022
In its ruling dated July 7, 2021 ("Judgement") in the case of Anuj Tejpal v. Rakesh Yadav and Others [I.A. No. 815 of 2021 in Company Appeal (AT) (Insolvency) No. 298 of 2021], the National Company...
Power to commute a sentence passed under section 302 IPC rests with the State Government, says Supreme Court

Power to commute a sentence passed under section 302 IPC rests with the State Government, says Supreme Court

Date: Aug 26, 2022
The Supreme Court in A.G. Perarivalan v. State, Through Superintendent of Police CBI/SIT/MMDA, Chennai, Tamil Nadu And Anr while exercising power under Article 142 of the Constitution to release A.G....
NCLAT observed that statutory requirements in regulating a matter of practice and procedure are mandatory in a Resolution Plan

NCLAT observed that statutory requirements in regulating a matter of practice and procedure are mandatory in a Resolution Plan

Date: Aug 26, 2022
The appeal was filed against a common impugned order dated 15.07.2021, passed by Adjudicating Authority/National Company Law Tribunal, Chennai Bench, Chennai, in whereby the Adjudicating Authority...
Analysis of Section 72 of the Customs Act, 1962

Analysis of Section 72 of the Customs Act, 1962

Date: Aug 26, 2022
Deemed and Actual: A Scholarly Analysis of 'Improper Removal' under Section 72 of the Customs Act, 1962 Introduction Section 72 of the Customs Act, 1962 ('the Act'), stands as a cornerstone of...
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