April 24, 2021 In Blog, Uncategorized

SUPREME COURT ISSUES GUIDELINES ON APPOINTMENT OF RETIRED JUDGES TO ADJUDICATE LONG PENDING CASES IN HIGH COURTS

The #SupremeCourt has in a recent case of <strong><em>Lok Prahari through its General Secretary S.N. Shukla IAS (Retd.) vs Union of India and others</em> </strong>has passed a Judgment dated 20-04-2021 and activated a dormant provision…

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April 18, 2021 In Blog, Uncategorized

SUPREME COURT REITERATES THAT ACKNOWLEDGEMENT OF LIABILITY HAS THE EFFECT OF EXTENDING LIMITATION PERIOD

The #SupremeCourt has in a recent case of <strong><em>Asset Reconstruction Company (India) Limited vs Bishal Jaiswal and Anr.</em></strong> passed a Judgment dated 15-04-2021 and reiterated that #acknowledgement of #liability/#debt has the effect of commencing a…

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April 16, 2021 In Blog, Uncategorized

DELHI HIGH COURT REJECTS BRITANNIA’S PLEA AGAINST ITC LTD. ON TRADEMARK INFRINGEMENT

The Hon’ble #DelhiHighCourt passed a Judgment dated 05.04.2021 in the case of Britannia Industries Ltd. v. ITC Ltd. & Ors. {CS (COMM) 553/2020} and held that #packaging of M/s #ITC Ltd.’s Sunfeast Farmlite 5-Seed Digestive…

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April 16, 2021 In Blog, Uncategorized

SUPREME COURT HOLDS THAT CLAIMS NOT FORMING PART OF APPROVED RESOLUTION PLAN ARE EXTINGUISHED

Recently, the Hon’ble #SupremeCourt of India in the case of <strong><em>Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited,</em></strong> <strong>(Civil Appeal No.8129/2019),</strong> vide its Judgment dated 13.04.2021 held that any #creditor including…

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April 11, 2021 In Blog, Uncategorized

SUPREME COURT HOLDS THAT COMPANY COURT CAN NOT DECIDE ON DEFAULT IN A WINDING UP PROCEEDINGS

The #SupremeCourt of India in the case of Shital Fibers Ltd. v Indian Acrylics Limited (Civil Appeal No. 1105/2021), vide its Judgment dated 06.04.2021 held that the Company Court while exercising its powers under Sections…

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April 11, 2021 In Blog, Uncategorized

SUPREME COURT HOLDS THAT ISSUE OF NOVATION OF A CONTRACT CANNOT BE CONSIDERED IN A PETITION UNDER SECTION 11 OF THE ARBITRATION AND CONCILAITION ACT, 1996

The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy passed a Judgment dated 06.04.2021 in the case of Sanjeev Prakash v. Seema Kukreja…

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April 11, 2021 In Blog, Uncategorized

SUPREME COURT HOLDS THAT BUSINESS RUN BY KARTA OF HINDU UNDIVIDED FAMILY CANNOT BE PRESUMED TO BE A JOINT FAMILY BUSINESS

The 3-Judges Bench of the Hon’ble #SupremeCourt of India in the case of Kiran Devi vs Bihar State Sunni Wakf Board & Ors. [CIVIL APPEAL NO. 6149/2015], vide its Judgment dated 05.04.2021 held that a…

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April 4, 2021 In Blog, Uncategorized

SUPREME COURT HOLDS THAT INSOLVENCY PROCEEDING IS MAINTAINABLE AGAINST A CORPORATE GUARANTOR OF A NON CORPORATE PRINCIPAL BORROWER

The Supreme Court of India in the case of Laxmi Pat Surana versus Union Bank of India & Anr. [Civil Appeal No. 2734/2020], vide Judgment dated 26.03.2021 held that #CorporateInsolvencyResolutionProceedings under Section 7 of the…

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April 4, 2021 In Blog, Uncategorized

SUPREME COURT DISMISSES INSOLVENCY APPLICATION FILED DURING PENDENCY OF ARBITRATION PROCEEDINGS

The 3 Judge Bench of the Supreme Court has recently passed a Judgment dated 26-03-2021 in Indus Biotech Private Limited vs Kotak India Venture and Others, where the Apex Court decided upon the issue that…

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April 4, 2021 In Blog, Uncategorized

SUPREME COURT DISMISSES INSOLVENCY APPLICATION FILED DURING PENDENCY OF ARBITRATION PROCEEDINGS

The 3 Judge Bench of the #SupremeCourt has recently passed a Judgment dated 26-03-2021 in Indus Biotech Private Limited vs Kotak India Venture and Others, where the Apex Court decided upon the issue that whether…

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