India Columns

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 15, 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...

Writ Maintainable, Arbitral Tribunal Framing An Issue That Was Already Decided During Interim Award

Date: Jul 14, 2022

The High Court of Meghalaya has ruled that a writ petition can be filed against an arbitral tribunal ruling framing issue in a claim that has been completely settled in an interim award. The Single...

Non Filing of FIR doesn't make the case non-arbitrable

Date: Jul 14, 2022

After surrendering to the arbitrator's jurisdiction, the High Court of Delhi concluded that a party cannot challenge the arbitrator's jurisdiction based on the lack of an arbitration agreement. When...

Arbitrator Isn't Entitled To Allow Forfeiture Of A Significant Amount Of Money Without Proof Of Actual Loss

Date: Jul 14, 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...

The value of future interest will be factored into the total amount of the award.

Date: Jul 14, 2022

The Calcutta High Court has declared that the award of future or post-award interest is not advisory, but rather a requirement of the Arbitration and Conciliation Act, 1996 (A&C Act), and that it...

Supreme Court gives pointers on the "presence of a dispute"

Date: Jul 14, 2022

The Supreme Court has finally settled the long-debated topic of what constitutes "presence of a dispute" in the (Mobilox vs. Kirusa) decision. In the context of the Insolvency and Bankruptcy Code,...

WhatsApp Message That Was "Forwarded As Received" Is Not Responsible For Unpublished Price Sensitive Information

Date: Jul 14, 2022

Companies are consciously working to protect employee privacy while also safeguarding personal information. Nevertheless, innovative methods like end-to-end encrypted software are the newest attire...

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

Date: Jul 14, 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...

If an application is made in accordance with Section 7 of the IBC, Articles 137 of the Limitation Act will apply, and the 3-year limitation period will begin when the right to apply.

Date: Jul 14, 2022

The determination of the limitation period under the Insolvency and Bankruptcy Code, 2016 was the subject of a ruling by the Supreme Court on September 18, 2019, in the case of Gaurav Hargovindbhai...

Whether a Bank can request police assistance under section 14 of the SARFAESI Act, 2002 after the proceedings under the SARFAESI Act came to an end due to a compromise reached between the parties.

Date: Jul 14, 2022

According to Section 14 of the Insolvency and Bankruptcy Code, 2016 (hereinafter "IBC"), on the insolvency commencement date, the National Company Law Tribunal (hereinafter "NCLT") must issue an...

Before starting bankruptcy proceedings against a corporate debtor, an operational creditor may employ a lawyer to serve him with a demand notice

Date: Jul 14, 2022

The Supreme court upheld the operational debtor's rights by applying a literal interpretation to section 9 of the Code's provision. In order to prevent depriving the Advocates of their right to...

Even though the harm caused by the conduct may continue, a wrongful act that results in a complete injury is not considered a continuing wrong for the purposes of Section 23 of the Limitation Act.

Date: Jul 14, 2022

The Supreme Court reaffirmed that S. 23 does not refer to a continuing right but rather to a continuing wrong, which is an ongoing cause of harm that makes the person who committed the act...

NO PRE-ADMISSION ENQUIRY BY ADJUDICATING AUTHORITY REGARDING PROOF OF DEFAULT

Date: Jul 14, 2022

The Appellate Tribunal while analysing the Section 7 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) and the observations made by the Hon'ble Apex Court, held that I&B Code does not envisage a...

NCLAT Has No Jurisdiction To Condone Delay Exceeding The Prescribed Limitation Period Mentioned Under The Code.

Date: Jul 14, 2022

The Hon’ble Supreme Court in the case of National Spot Exchange Ltd. Vs. Anil Kohli, Resolution Professional of Dunar Foods Limited has held that the NCLAT has no power to condone the delay (of more...

Mala Fide Intention as a Ground for Dismissal

Date: Jul 14, 2022

NCLAT found that the case was filed collusively, not with the goal of resolving the insolvency, but for other reasons. As a result, admitting the Application to prevent the Corporate Debtor from...

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

Date: Jul 14, 2022

The New Okhla Industrial Development Authority claimed to be a Financial Creditor ("FC") based on the lease deed signed with the Developer Company, Shubhkamna Buildtech Private Limited , but this...

SC delineates the applicability of IBC law

Date: Jul 14, 2022

For the purpose of determining the deadlines for using legal remedies given under various statutes, the Supreme Court has defined the interaction between the Limitation Act and other acts on a number...

High Court of Delhi: The arbitration clause in business contracts is nonetheless lawful even if stamp duty is not paid. It would therefore endure regardless of the actual contract.

Date: Jul 14, 2022

In accordance with the arbitration provision in the Memorandum of Understanding ("MoU") dated January 1, 2020 ("MoU") signed with MSD Telematics Pvt. Ltd. ("Respondent"), IMZ Corporate Pvt. Ltd....

Initializing CIRP against a Corporate Debtor with a foreign award is insufficient.

Date: Jul 14, 2022

The NCLT in this case gave a significant judgement wherein it differentiated between domestic and foreign awards and whether a CIRP can be initiated against a Corporate Debtor who has been endowed...

Section 65-B of The Evidence Act, does not apply to arbitral procedures.

Date: Jul 14, 2022

In the matter of Millennium School vs Pawan Dawar, the Delhi High Court's Single Bench, led by Justice Vibhu Bakhru, held that Section 65-B of the Indian Evidence Act, 1872 ("Evidence Act") does not...

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