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...
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 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...
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...
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...
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 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 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 Introduction The principle of audi alteram partem, or the right to be heard, is a cornerstone of natural...
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 Introduction The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952...
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...
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...
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...
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...
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...
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...
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...
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...
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...