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NISHANT

Nonperforming Asset - interpretation of Section 2(o) SARFAESI Act and RBI circular

NISHANT MEHROTRA  |  26 Jan 2018
Nonperforming Asset - interpretation of Section 2(o) SARFAESI Act and RBI circular

MP HIGH COURT, in M/S Samarth Infrabuild vs Bank Of India, relying on judgment of Delhi High Court  in Dr.Yashwant Singh & Anr. V/s. Indian Bank & Anr., interpreting Section 2(o) SARFAESI Act and RBI circular, held:(1) It is not…

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NISHANT

Acquittal in rape case - delay in lodging FIR.

NISHANT MEHROTRA  |  26 Jan 2018
Acquittal in rape case - delay in lodging FIR.

Bombay HC :: Acquittal in rape case - delay in lodging FIR.Sole testimony of prosecutrix - Reliability Prosecution case that appellant repeatedly committed sexual  intercourse with prosecutrix which led to cause her pregnancy - Delay of 6-7 months in lodging…

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NISHANT

Dishonour of cheque due to closure of bank account - Two different situations

NISHANT MEHROTRA  |  26 Jan 2018
Dishonour of cheque due to closure of bank account - Two different situations

Kerela High Court :: Dishonour of cheque due to closure of bank account - Two different situations:a)where a person after issuing a cheque to another, closes that account :: This situation, apart from the fact that it may invite another…

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NISHANT

No maintenance if wife fails to prove she is staying away from husband on justifiable ground

NISHANT MEHROTRA  |  26 Jan 2018
No maintenance if wife fails to prove she is staying away from husband on justifiable ground

Orrisa High Court :: in Babuli @ Rajkishore Rana vs Prasanti @ Purnamasi Rana And Anr. :: Application u/s 482 CrPC againt the order passed by the Addl. District and Sessions Judge, Nayagarh in Criminal Revision No. 16 of 2002…

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NISHANT

Can NCLT appoint a RP sans Committe of Creditor's vote?

NISHANT MEHROTRA  |  25 Jan 2018
Can NCLT appoint a RP sans Committe of Creditor's vote?

NCLT Hyderabad Bench has appointed a Resolution Professional (RP) who was not recommended by the Committee of Creditors, for a company under moratorium. The Financial Creditors of Deccan Chronicle Holdings Limited had sought to replace their RP KK Rao, and…

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NISHANT

Oppression/Mismanagement

NISHANT MEHROTRA  |  25 Jan 2018
Oppression/Mismanagement

NCLT Mumbai Bench :: In Pawan Kumar Kanodia vs. Kanodia Tex Industries :: Companies Act, 1956 – Section 399 read with section 397/398 – Oppression/Mismanagement ::(A) Where the petitioner has failed to demonstrate that he has requisite number of shareholding…

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NISHANT

When can the Issue on jurisdiction of civil court be tried?

NISHANT MEHROTRA  |  25 Jan 2018
When can the Issue on jurisdiction of civil court be tried?

SC :: Civil Suit — Jurisdiction/Jurisdictional Error — Issue on jurisdiction — When can be tried — Decision on jurisdiction — When is mandatory: The issue of jurisdiction which goes to the root of the case, if found involved has…

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NISHANT

IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017 notified

NISHANT MEHROTRA  |  25 Jan 2018
IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017 notified

The Insolvency and Bankruptcy Board of India, in exercise of powers conferred under Sections 196, 217 r/w Section 240 of I&B Code, 2016, has put forth certain regulations, called the ‘Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling…

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NISHANT

Effect of delay caused due to arbitrator not entering upon reference

NISHANT MEHROTRA  |  25 Jan 2018
Effect of delay caused due to arbitrator not entering upon reference

SC :: in Visakhapatnam Port Trust v. Continental Construction Co. :: Arbitration and Conciliation Act 1996 - Section 37 – Limitation – Period of limitation for initiating arbitration proceeding – Effect of delay caused due to arbitrator not entering upon reference –…

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NISHANT

A winding up petition is not a legitimate means of seeking to enforce payment of the debt which is…

NISHANT MEHROTRA  |  25 Jan 2018
A winding up petition is not a legitimate means of seeking to enforce payment of the debt which is bona fide disputed by the company.

SC :: in Amalgamated Commercial Traders (P.) Ltd. vs. A.C.K. Krishnaswami and Anr. :: A petition presented ostensibly for a winding up order but really to exercise pressure will be dismissed, and under circumstances may be stigmatized as a scandalous abuse of…

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