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India Columns

Under the IBC, a personal loan to a promoter or director of a firm cannot initiate the CIRP

Under the IBC, a personal loan to a promoter or director of a firm cannot initiate the CIRP

Date: Aug 26, 2022
A personal loan to a promoter or director of a company cannot start the Corporate Insolvency Resolution Process (CIRP), according to the Supreme Court's ruling in the case of M/S Radha Exports...
Delay without reason in filing the case beyond a point of reasonable threshold results in forfeiture of the right to secure justice.

Delay without reason in filing the case beyond a point of reasonable threshold results in forfeiture of the right to secure justice.

Date: Aug 26, 2022
The Delhi High Court in ANIL KUMAR v. KISHAN SARRAF & ORS with reference to condonation of delay has observed that indolence, beyond a point, results in forfeiture of the right to secure justice.  ...
The bar under section 14 IBC extends to any action of enforcement of any security interest created by the corporate debtor, including any action under the SARFAESI Act

The bar under section 14 IBC extends to any action of enforcement of any security interest created by the corporate debtor, including any action under the SARFAESI Act

Date: Aug 26, 2022
The Honourable Supreme Court made it clear that the sale under a statutory scheme as described in Rules 8 and 9 of the Security Interest (Enforcement) Rules, 2002, shall only be deemed to be finished...
Ground Not Available Under Section 34 If A Party Fails To Raise The Issue Of Jurisdiction During The Section 11 Notice Stage Or During The Arbitral Proceedings

Ground Not Available Under Section 34 If A Party Fails To Raise The Issue Of Jurisdiction During The Section 11 Notice Stage Or During The Arbitral Proceedings

Date: Aug 26, 2022
The Gujarat High Court has decided that the issue of the Arbitrator's jurisdiction should be challenged as soon as possible, namely when the notice under Section 11 of the Arbitration and...
The Recovery of Debts and Bankruptcy Act, SARFAESI, and IBC provisions do not take precedence over those of the PMLA.

The Recovery of Debts and Bankruptcy Act, SARFAESI, and IBC provisions do not take precedence over those of the PMLA.

Date: Aug 26, 2022
In The Deputy Director Directorate of Enforcement Delhi v. Axis Bank & Others (decided on April 2, 2019), a division bench of the Delhi High Court held that the provisions of the Recovery of Debts...
Our country needs really qualified doctors, the Supreme Court says upholding NMC regulations for foreign medical graduates

Our country needs really qualified doctors, the Supreme Court says upholding NMC regulations for foreign medical graduates

Date: Aug 26, 2022
The Court in Aravinth R.A. vs Secretary To Government Of India Ministry Of Health And Family Welfare upheld the validity of Regulations 4(a)(i), 4(a)(ii), 4(b) & 4(c) of the National Medical...
Violation of Status Quo Orders in Indian Law: A Comprehensive Analysis

Violation of Status Quo Orders in Indian Law: A Comprehensive Analysis

Date: Aug 26, 2022
Violation of Status Quo Orders in Indian Law: A Comprehensive Analysis Introduction Interim orders, particularly orders directing the maintenance of 'status quo,' play a crucial role in the...
The Power of Labour Courts in India to Set Aside Ex Parte Awards: A Juridical Analysis

The Power of Labour Courts in India to Set Aside Ex Parte Awards: A Juridical Analysis

Date: Aug 25, 2022
The Power of Labour Courts in India to Set Aside Ex Parte Awards: A Juridical Analysis Introduction The adjudication of industrial disputes in India by Labour Courts and Industrial Tribunals often...
The Doctrine of 'Last Known Address' in Indian Law: A Critical Analysis of Service of Notice

The Doctrine of 'Last Known Address' in Indian Law: A Critical Analysis of Service of Notice

Date: Aug 25, 2022
The Doctrine of 'Last Known Address' in Indian Law: A Critical Analysis of Service of Notice Introduction The principle of audi alteram partem, or the right to be heard, is a cornerstone of natural...
No one can be summoned orally to the Police Station.

No one can be summoned orally to the Police Station.

Date: Aug 25, 2022
The Allahabad High Court in Ram Vilas Thru. Daughter Sarojani And Another v. State Of U.P. Thru. Prin. Secy. Home And Others no person, including an accused, can be summoned to a police station...
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952: A Contemporary Judicial and Doctrinal Analysis

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952: A Contemporary Judicial and Doctrinal Analysis

Date: Aug 25, 2022
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952: A Contemporary Judicial and Doctrinal Analysis Introduction The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952...
Determining Jurisdiction as a Preliminary Issue under Indian Civil Procedure

Determining Jurisdiction as a Preliminary Issue under Indian Civil Procedure

Date: Aug 23, 2022
Determining Jurisdiction as a Preliminary Issue under Indian Civil Procedure Introduction Whether a civil court should decide the question of its own jurisdiction at the threshold or reserve the...
Analysis of the Bihar Co-operative Societies Act, 1935

Analysis of the Bihar Co-operative Societies Act, 1935

Date: Aug 18, 2022
An Analytical Study of the Bihar Co-operative Societies Act, 1935: Judicial Interpretations and Operational Dynamics Introduction The co-operative movement in India, envisioned as an instrument of...
Analysis of Section 33A of the Water Act, 1974

Analysis of Section 33A of the Water Act, 1974

Date: Aug 18, 2022
An Analysis of the Power of Direction under Section 33A of the Water Act, 1974: Scope, Limitations, and Judicial Scrutiny I. Introduction The Water (Prevention and Control of Pollution) Act, 1974...
Applications to transfer cases from the High Court to the IBC-accredited National Company Law Tribunal may be maintained

Applications to transfer cases from the High Court to the IBC-accredited National Company Law Tribunal may be maintained

Date: Aug 16, 2022
In Action Ispat and Power Limited v. Shyam Metalics and Energy Limited, a case decided by the Delhi High Court on October 10, 2019, it was determined that an application to transfer cases from the...
National Company Law Appellate Tribunal dismissed SEBI's challenge to the settlement plan

National Company Law Appellate Tribunal dismissed SEBI's challenge to the settlement plan

Date: Aug 16, 2022
In Securities and Exchange Board of India v. Assam Company India Limited and Others (decided on August 29, 2019), the National Company Law Appellate Tribunal ("NCLAT") held that a resolution plan...
Insolvency procedures cannot be intervened in by foreign courts

Insolvency procedures cannot be intervened in by foreign courts

Date: Aug 16, 2022
State Bank of India v. Jet Airways (India) Limited, the National Corporation Law Tribunal, Mumbai Bench ("NCLT") concluded that foreign courts cannot interfere or establish parallel procedures for...
NCLAT rules even after the appointment of an official liquidator, shareholders may still submit an application to accept a settlement with creditors

NCLAT rules even after the appointment of an official liquidator, shareholders may still submit an application to accept a settlement with creditors

Date: Aug 16, 2022
The National Company Law Appellate Tribunal ("NCLAT") has recently ruled in Rasiklal S. Mardiya v. Amar Dye Chem Limited that shareholders may still submit a request to accept a settlement with...
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: Aug 16, 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...
There is no chance of discussing the resolution plan between the time it was approved by the CoC and the time it was awaiting NCLT approval

There is no chance of discussing the resolution plan between the time it was approved by the CoC and the time it was awaiting NCLT approval

Date: Aug 16, 2022
In its ruling issued on January 27, 2022, in the case of Union Bank of India v. Kapil Wadhawan and Others, the Hon. National Company Law Appellate Tribunal, New Delhi ("NCLAT") ruled that: The...
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