India Columns

RBI Circular Requesting Banks To Take Defaulting Companies Into Insolvency Is Rejected by the SC

Date: Jul 22, 2022

The lawsuit stipulates that the Reserve Bank of India's Circular RBI/2017 18/131.DBR.No.BP.BC.101/21.04.048/2017-18, dated February 12, 2018, was the basis for the extra vires action taken on its...

Consumer Courts can direct builders to give refund & compensation to homebuyers for delay or failure in delivering possession

Date: Jul 22, 2022

To much of the relief to the flat buyers, the Supreme Court has held that the Consumer Courts have the power to direct the builders to compensate and provide refund to the aggrieved homebuyers, in...

Limited time for Winding Up proceedings while a Civil Case is Pending

Date: Jul 22, 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...

Liquidator Is Authorised To Sell The Corporate Debtor As A Going Concern Under The Code

Date: Jul 22, 2022

NCLAT held that a successful bidder cannot shun the contractual obligations and withdraw the bid after payment of Earnest Money Deposit and seek a refund of the amount on the ground that the offer...

Future Income Prospects of the Deceased Who Are "Self-Employed" Will Increase By 40%

Date: Jul 22, 2022

The case involves a challenge to the amended compensation portion of a prior Delhi High Court ruling. The appellant's parents perished in an accident close to Punjab. The National Insurance Company...

Contractual disputes that only result from or are related to a corporate debtor's insolvency may be decided by the NCLT

Date: Jul 22, 2022

Numerous legal issues about the precedence of IBC over other laws have previously been established by the confluence between IBC and other laws. When there is a conflict between the IBC and other...

Unilateral Refusal to consummate the marriage- A ground for divorce.

Date: Jul 22, 2022

In a recent judgment, the Madras High Court reiterated that either husband or wife can seek divorce on the ground that the other spouse is not ready to consummate the marriage after solemnization....

Cheating case filed under section 420 IPC liable to be quashed if no allegation of dishonest inducement is levelled against the accused.

Date: Jul 22, 2022

The Supreme Court in Rekha Jain vs State of Karnataka held that to make out a case against a person for the offence under Section 420 of the Indian Penal Code, there must be a dishonest inducement to...

NCLT Has No Power To CONVERT A CIRP Into Fast Track CIRP, EXTEND the CIRP Process Beyond 270 Days And REJECT The Fees Of RP Already Fixed By COC

Date: Jul 22, 2022

In the instant case titled Sanjay Kumar Ruia vs. Catholic Syrian Bank Ltd. & Anr. three issues were raised before the NCLAT: Whether the NCLT has the power to convert the CIRP into a Fast Track CIRP...

The purpose of the ineligibility under Section 29A is to achieve a sustainable revival and to ensure that a person who is the cause of the problem either by a design or a default cannot be a part of the process of solution.

Date: Jul 22, 2022

The Hon’ble Supreme Court held that (i) prohibition placed by the Parliament in Section 29A and Section 35(1)(f) of the Insolvency and Bankruptcy Code, 2016 (IBC) must also attach itself to a scheme...

Supreme Court lays down basis of reportable matters under Section 29 A (c) of IBC

Date: Jul 22, 2022

The Hon'ble Supreme Court of India issued a ruling in ArcelorMittal India Private Limited v. Satish Kumar Gupta on October 4, 2018, interpreting Section 29A of the Insolvency and Bankruptcy Code,...

If the existence of a debt is disputed, recourse to the IBC is impossible to maintain - the IBC is not a debt recovery forum.

Date: Jul 22, 2022

On several instances, petitions filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (the Code) have been scrutinised by the adjudicating body, which has included the National Company...

SC validates the 2018 Amendments to IBC

Date: Jul 22, 2022

The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, which included "real estate allottees" within the meaning of "financial creditors" under Section 5(8)(f) of the Insolvency and...

ABANDONMENT OF A CONTRACT vs BREACH OF A CONTRACT

Date: Jul 22, 2022

Most often than not, abandonment of a contract is referred to as a breach of the terms of the contract or refusal to perform the contract, but it is not so. Very recently, the Supreme Court observed...

Analysis of Section 58 of the Kerala Abkari Act

Date: Jul 22, 2022

An Analytical Study of Section 58 of the Kerala Abkari Act: Possession of Illicit Liquor and the Burden of Knowledge Introduction The Kerala Abkari Act, 1 of 1077 (ME), is a comprehensive legislation...

A person accused of a heinous crime can't complain about violations of Article 21 when he himself isn't cooperating with the trial.

Date: Jul 22, 2022

The Allahabad High Court in Suresh Yadav Opposite Party v/s State Of U.P. Thru Addl.Chief Secy Deptt. Home while denying bail to the accused applicant stated that the heinous crime accused can not...

National Company Law Tribunal and the National Company Law Appellate Tribunal have no jurisdiction and authority to analyse or evaluate the commercial decisions taken by the committee of creditors

Date: Jul 22, 2022

The Apex Court upheld the decision of the NCLAT and concluded that the requisite percentage had not approved the resolution plans of IIL and KSPIPL of the voting share of the financial creditors and...

Depth of Penetration immaterial in case of Rape.

Date: Jul 22, 2022

The Allahabad High Court in Chndra Prakash Sharma v. State Of U.P And Another observed that the depth of penetration is immaterial when a person is charged with an offence of rape, denied bail to the...

The main provision Sec. 12A, which lacks this requirement, must be interpreted in conjunction with Regulation 30A.

Date: Jul 22, 2022

The Insolvency and Bankruptcy Code of 2016 allows for the withdrawal of the corporate insolvency resolution process within the parameters of Section 12A, which was added to the code in 2018. Section...

Under Order IX Rule 13 of the CPC, the Trial Court can decide the defendant's prayer of filing a written statement after setting aside the ex parte decree.

Date: Jul 22, 2022

The Supreme Court in Sudhir Ranjan Patra (D) vs Himansu Sekhar Srichandan observed that when an ex parte decree is set aside and the suit is restored to file, the defendants cannot be relegated to...

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