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Anuj

Ayodhya verdict Explained: What is adverse possession, the Muslim claim SC rejected?

Anuj Malhotra  |  9 Nov 2019
Ayodhya verdict Explained: What is adverse possession, the Muslim claim SC rejected?

The five-judge Constitution Bench that delivered the judgment in the Ayodhya case said that while Muslims never lost possession of the disputed land, they could not assert the right of adverse possession So what is adverse possession?One of the questions…

0 Likes  |  1 Comment  |  2119 Views  |  0 Favorites
NISHANT

Mere breach of promise, agreement or contract does not, ipso facto, constitute offence of criminal breach of trust.

NISHANT MEHROTRA  |  5 Nov 2019
Mere breach of promise, agreement or contract does not, ipso facto, constitute offence of criminal breach of trust.

SC :: Penal Code, 1860 — Ss. 405 and 415 — Criminal breach of trust and cheating: Law recognises difference between simple payment/investment of money and entrustment of money or property. Mere breach of promise, agreement or contract does not,…

0 Likes  |  0 Comment  |  2206 Views  |  0 Favorites
NISHANT

Motor Vehicles Act - Appeal - Direction by High Court to deposit the entire awarded sum not correct.

NISHANT MEHROTRA  |  2 Nov 2019
Motor Vehicles Act - Appeal - Direction by High Court to deposit the entire awarded sum not correct.

SC :: Motor Vehicles Act, 1988 Section 173(1) No appeal to be entertained by the High Court unless the person has deposited a sum of Rs. 25,000/- or 50% of the amount awarded whichever is less - Direction to deposit…

0 Likes  |  1 Comment  |  2880 Views  |  0 Favorites
NISHANT

Law on maintainability of Compromise and Arrangement application by Promoter during pendency of Liquidation under IBC clarified by NCLAT

NISHANT MEHROTRA  |  30 Oct 2019
Law on maintainability of Compromise and Arrangement application by Promoter during pendency of Liquidation under IBC clarified by NCLAT

NCLAT :: An application under Section 230 to 232 of the Companies Act, 2013, for Compromise and Arrangement with creditors is maintainable during the pendency of the liquidation proceedings under the Insolvency and Bankruptcy Code, 2016.However, the Promoters who are…

1 Likes  |  1 Comment  |  2031 Views  |  0 Favorites
NISHANT

The essence of section 241/242 would be defeated if during the pendency of the petition, the operational or financial…

NISHANT MEHROTRA  |  24 Oct 2019
The essence of section 241/242 would be defeated if during the pendency of the petition, the operational or financial creditors are allowed to initiate the corporate insolvency resolution process itself.

NCLAT :: Companies Act, 2013 - Sections 241 and 242 - Tribunal/Appellate Tribunal - Jurisdiction to interfere with Board's decision - The essence of section 241/242 would be defeated if during the pendency of the petition, the operational or financial…

1 Likes  |  4 Comments  |  1541 Views  |  0 Favorites
Anuj

Resolution under IBC: Banks may get pre-NCLT window

Anuj Malhotra  |  23 Oct 2019
Resolution under IBC: Banks may get pre-NCLT window

Banks will likely have window to scout for prospective buyers of stressed assets for their expeditious resolution even before the bankruptcy process is initiated. This facility is set to be in place as part of a host of amendments being…

1 Likes  |  2 Comments  |  1458 Views  |  0 Favorites
NISHANT

Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in…

NISHANT MEHROTRA  |  21 Oct 2019
Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute, admission of application under section 9 IBC cannot be denied

NCLAT :: Insolvency and Bankruptcy Code, 2016- section 5(6) read with sections 8 and 9 - Dispute - Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of…

0 Likes  |  2 Comments  |  1086 Views  |  0 Favorites
NISHANT

Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in…

NISHANT MEHROTRA  |  21 Oct 2019
Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute or pendency of suit or arbitration proceedings such delay in execution cannot be noticed to deny admission of application under section 9 IBC

NCLAT :: Insolvency and Bankruptcy Code, 2016- section 5(6) read with sections 8 and 9 - Dispute - Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of…

0 Likes  |  2 Comments  |  1357 Views  |  0 Favorites
NISHANT

Election dispute in a company involving voting under rule 20 of the Companies Management and Administration Rules would not…

NISHANT MEHROTRA  |  21 Oct 2019
Election dispute in a company involving voting under rule 20 of the Companies Management and Administration Rules would not lie before the Civil Court but only before the NCLT

Madras High Court :: Companies Act, 2013 – Sections 241 and 242 read with sections 420 to 430 and with rule 20 of Companies (Management and Administration) Rules, 2014 – Interpretation of statutes – Scope and jurisdiction of National Company…

0 Likes  |  2 Comments  |  1353 Views  |  0 Favorites
NISHANT

In a case for oppression and mismanagement, the paramount consideration of the Tribunal is to keep in view as…

NISHANT MEHROTRA  |  20 Oct 2019
In a case for oppression and mismanagement, the paramount consideration of the Tribunal is to keep in view as to what is in the interest of the company, the interest of the parties being subservient to interest of company

NCLAT :: Companies Act, 2013 - Sections 241 and 242 - Order that can be passed in - Oppression/Mismanagement - Petition for relief against -Where NCLT was not articulate in directing the petitioners to sell their entire shareholding held in…

0 Likes  |  3 Comments  |  2746 Views  |  0 Favorites
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