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...
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...
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...
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 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...
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,...
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...
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 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...
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...
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...
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...
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...
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...
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 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...
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...
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....
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...
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...