February 11, 2022 In Blog, Uncategorized

SUPREME COURT UPHOLDS CONVICTION OF ACCUSED SOLELY BASED ON DYING DECLARATION

Dying declaration is a statement or a testimony by a person who is on his death-bed, stating reasons for his death. Section 32(1) of the Indian Evidence Act, 1872 (Act) defines and lays down the…

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February 8, 2022 In Blog, Uncategorized

SUPREME COURT HOLDS THAT OPERATIONAL DEBT INCLUDES ADVANCE PAYMENT MADE TO A CORPORATE DEBTOR

A Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Dr Dhananjaya Y Chandrachud, Surya Kant and Vikram Nath passed a Judgment dated 04-02-2022 in the case of M/s Consolidated Construction…

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February 6, 2022 In Blog, Uncategorized

SUPREME COURT HOLDS THAT RETURN OF CUSTODY OF A MINOR CHILD DEPENDS ON THE FACTS

The Apex Court is often put in a very difficult situation taking decisions in matters pertaining to child custody when parties are residents of two different countries. Invariably in such matters, one party flees to…

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February 6, 2022 In Blog, Uncategorized

SUPREME COURT DECIDES ON THE AMAZON-FUTURE GROUP COMMERCIAL DISPUTE

A Three Judge Bench of the Supreme Court comprising of Chief Justice of India, NV Ramana, J. AS Bopanna and J. Hima Kohli has in the matter of Future Coupons Private Limited and Others vs Amazon.Com Nv Investment Holdings LLC and Others and…

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January 29, 2022 In Blog, Uncategorized

SUPREME COURT ALLOWS FILING OF CLAIMS BEFORE RESOLUTION PROFESSIONAL BEYOND LIMITATION, IN VIEW OF COVID-19 PANDEMIC

A Two Judge Bench of the Supreme Court comprising of Justice Indira Banerjee and Justice J.K. Maheshwari passed a Judgment dated 29-11-2021 in the matter of GPR Power Solutions Private Limited vs Mr. Supriyo Chaudhuri…

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January 29, 2022 In Blog, Uncategorized

SUPREME COURT UPHOLDS HIGH COURT’S POWER TO EXECUTE FOREIGN DECREE

A Division Bench of the Hon’ble Supreme Court of India comprising of Justices Ajay Rastogi and Abhay S. Oka passed a Judgment dated 28-01-2022 in the case of Messer Griesheim Gmbh (Now Called Air Liquide Deutschland GmbH) v. Goyal Mg Gases…

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January 29, 2022 In Blog, Uncategorized

SUPREME COURT REITERATES THE GROUNDS FOR SEEKING BAIL

A Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices M.R. Shah and Sanjiv Khanna passed a Judgment dated 28-01-2022 in the case of Centrum Financial Services Limited Vs State of…

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January 29, 2022 In Blog, Uncategorized

THE IMPORTANCE OF CHOOSING THE RIGHT APPLICABLE LAW IN CROSS BORDER TRANSACTIONS

In recent times, cross border business has become the new normal. With globalization and digitalization, business has now expanded to cross borders and we see a surge in cross border businesses. Essentially, cross border transactions would include transfer…

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January 29, 2022 In Blog, Uncategorized

SUPREME COURT OUSTS JURISDICTION OF CIVIL COURT IN TENANCY DISPUTES

A Two Judge Bench of the Supreme Court comprising of Justice Ajay Rastogi and Justice Abhay S. Oka has passed a Judgment dated 28-01-2022 in the matter of Subhash Chander and Ors. versus M/s Bharat Petroleum Corporation Ltd. (BPCL) & Anr. and upheld the…

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January 24, 2022 In Blog, Uncategorized

UNDERSTANDING THE MEANING OF DISCHARGE UNDER SECTION 227 OF CRIMINAL PROCEDURE CODE, 1973?

Guest Post by Advocate Dinesh Singh Chauhan, High Court of Judicature, J&K & Ladakh, Jammu Introduction Discharge in legal criminal parlance is defined in Black Law Dictionary as “The opposite of charge; hence it would…

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