India Columns

Nature of financial debt particularly about third-party mortgages

Date: Jul 11, 2022

The Supreme Court clarified several including the scope and ambit for preferential transaction adjudication, as well as the nature of the financial debt, particularly in relation to third-party...

Non-maintainability is distinct from the incompleteness of an application, with non-maintainability having larger bounds.

Date: Jul 11, 2022

The NCLAT decided on the position of non-maintainability of an application compared to its completeness. In the present case, the Adjudicating Authority (NCLT, Ahmedabad Bench) dismissed an...

A flourishing judgement for Operational Creditors

Date: Jul 11, 2022

The NCLAT's judgement, in this case, has proven to be a watershed moment. Apart from explaining the most significant and pivotal problems in the Binani case, it has also established a precedent for...

Claims that are not submitted in accordance with the Resolution Plan would stand extinguished.

Date: Jul 11, 2022

This long-awaited decision addressed a number of issues with the Corporate Insolvency Resolution Process (CIRP). This case stems from a series of appeals challenging the NCLAT's ruling in the Essar...

The time limit prescribed in IBC, 2016 for admitting or rejecting a petition or initiation of CIRP under proviso to sub-sec. (5) of Sec. 9, is directory.

Date: Jul 11, 2022

The Supreme Court has loosened the time restriction for correcting application errors, saying that the seven-day time limit set forth in the Insolvency and Bankruptcy Code, 2016 for removing defects...

Provision of De-novo trial mandatory for any accused summoned under section 319 CrPC.

Date: Jul 11, 2022

The Allahabad High Court in Bablu @ Vishnu Dhar Dubey v. State of U.P. and Another observed that the accused summoned u/s 319 of the Code of Criminal Procedure has to be given a fair hearing. The...

IBC can not be intended to be a substitute for a recovery forum

Date: Jul 11, 2022

The National Company Law Appellate Tribunal (NCLAT) held that wherever there is the existence of a real dispute, the IBC provisions cannot be invoked. The Object of the Code is not recovery of money...

Non-communication of the judgment is not a valid ground for requesting condonation of delay.

Date: Jul 11, 2022

National Company Law Tribunal (NCLAT) held that no one can take recourse that they have not been communicated the Judgment. It should be the duty of the council to keep track after the matter is...

Transcending Treason: A Jurisprudential Analysis of Section 121 of the Indian Penal Code

Date: Jul 11, 2022

Transcending Treason: A Jurisprudential Analysis of Section 121 of the Indian Penal Code Introduction Section 121 of the Indian Penal Code, 1860 (IPC) criminalises “waging, or attempting to wage war,...

Specimen Signatures of Accused in Indian Law

Date: Jul 10, 2022

The Legal Framework Governing Specimen Signatures of Accused Persons in Indian Criminal Jurisprudence Introduction The use of specimen signatures and handwriting of an accused person is a critical...

Delay in the examination of materials in Forensic Labs during the trial is not acceptable.

Date: Jul 8, 2022

In Praveen Pal v/s State of UP, the Allahabad High Court expressed its displeasure over the delay in the examination of materials in forensic labs for criminal trials. The Court also noted that such...

ALIMONY-IS NOT A FEMININE THING. BREAKING STEREOTYPES-INDIAN COURTS TAKE ON ALIMONY.

Date: Jul 8, 2022

Indian Courts have been trying to break the stereotypes and shackles of patriarchy from the system, slowly and steadily. Recently on what can be said as a rare occasion, the Hon’ble Bombay High Court...

Concurrent Registration of same or similar trademark by 2 or more persons not per se barred under the Indian Trademark Law.

Date: Jul 8, 2022

In HTC Corporation v/s Mr Lv Degao & Ors., the Delhi High Court held that if two trademarks are validly registered, both the registered owners can use their respective trademarks to the exclusivity...

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India Columns

Nature of financial debt particularly about third-party mortgages

Non-maintainability is distinct from the incompleteness of an application, with non-maintainability having larger bounds.

A flourishing judgement for Operational Creditors

Claims that are not submitted in accordance with the Resolution Plan would stand extinguished.

The time limit prescribed in IBC, 2016 for admitting or rejecting a petition or initiation of CIRP under proviso to sub-sec. (5) of Sec. 9, is directory.

Provision of De-novo trial mandatory for any accused summoned under section 319 CrPC.

IBC can not be intended to be a substitute for a recovery forum

Non-communication of the judgment is not a valid ground for requesting condonation of delay.

Transcending Treason: A Jurisprudential Analysis of Section 121 of the Indian Penal Code

Specimen Signatures of Accused in Indian Law

Delay in the examination of materials in Forensic Labs during the trial is not acceptable.

ALIMONY-IS NOT A FEMININE THING. BREAKING STEREOTYPES-INDIAN COURTS TAKE ON ALIMONY.

Concurrent Registration of same or similar trademark by 2 or more persons not per se barred under the Indian Trademark Law.

Compassionate Appointment is a discretionary relief, can't be claimed as a matter of right

Adequate Reasons should be given in opinion on sentence remission by the Presiding officer

Clause Eighthly of Section 320 IPC – Jurisprudential Analysis of “Any Hurt which Endangers Life”

Re-imagining the Mother’s Role as Natural Guardian in Indian Law

Exoneration in Departmental Proceedings in India

Section 86 of the Motor Vehicles Act, 1988 — Suspension and Cancellation of Permits: A Critical Jurisprudential Analysis

The Rajasthan Municipalities Act: A Legal Analysis of Evolution, Governance, and Judicial Scrutiny