December 24, 2020 In Blog, Uncategorized

ENTRY OF A DEBT IN BALANCE SHEET IS NOT AN ACKNOWLEDGEMENT FOR EXTENTION OF LIMITATION

In a reference of a case V. Padamakumar vs. Stressed Assets Stabilization Fund (SASF) & Anr [CA (AT)(Ins)No. 57/2020] (V. Padma Kumar Case) by the Three Members Bench to  the Five Members Bench of National Company Law Appellate…

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December 24, 2020 In Blog, Uncategorized

DELHI HIGH COURT HOLDS THAT BANK HAS POWER TO INVOKE SARFAESI ACT, IN CASE OF NON-PERFORMING ASSET

The #DelhiHighCourt has in a recent case of Reena Gambhir Vs Central Bank of India and Ors. (W.P.(C) 10276/2020 & W.P.(C) 10325/2020) passed a Judgement dated 22.12.2020 upholding the decision of #Debt Recovery Appellate Tribunal (#DRAT) and stating…

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December 24, 2020 In Blog, Uncategorized

SUPREME COURT HOLDS THAT FLAT BUYERS ARE ENTITLED TO BOTH REFUND AND COMPENSATION IN CASE OF DELAY IN HANDING OVER POSSESSION

The Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed an Order dated 14-12-2020 in the case of DLF Home Developers Ltd. and Another…

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December 24, 2020 In Blog, Uncategorized

SPECIAL CBI COURT HOLDS ACCUSED GUILTY OF MURDER OF SISTER ABHAYA, 28 YEARS AFTER THE INCIDENT

The Special Judge (SPE/CBI), Thiruvananthapuram has passed a verdict in the infamous #SisterAbhaya #Murder case, namely, Central Bureau of Investigation (CBI), ACB, Cochin vs Father Thomas Kottoor and Sister Sephy. The Special #CBI Court passed a Judgment dated…

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December 21, 2020 In Blog, Uncategorized

SUPREME COURT HOLDS THAT LEASE DISPUTES ARE ARBITRABLE IF NOT GOVERNED BY A SPECIAL STATUTE

The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the #courts in India. However, the Act…

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December 21, 2020 In Blog, Uncategorized

ARBITRATION IN INDIA 2020

Justice Fali S. Nariman has stated in a speech at the inauguration function of the Indian Study Centre at the George Washington University Law School in 2009 that,“ Indian sentiment (encouraged by the fraternity of lawyers) simply abhors…

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December 21, 2020 In Blog, Uncategorized

SUPREME COURT HOLDS THAT SENIOR CITIZENS ACT CANNOT BE INVOKED TO EVICT DAUGHTER-IN-LAW FROM SHARED HOUSEHOLD

The Three Judge Bench of the Hon’ble Supreme Court of India comprising of J. Dr. Dhananjaya Y Chandrachud, J. Indu Malhotra and J. Indira Banerjee passed a Judgment dated 15.12.2020 in the case of Smt. S Vanitha v….

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December 19, 2020 In Blog, Uncategorized

SUPREME COURT HELD OLA AND UBER NOT GUILTY OF COMMITTING ANTI-COMPETITIVE PRACTICES

The Supreme Court has in a recent case of Samir Agrawal vs Competition Commission of India and Others passed a Judgment dated 15-12-2020 and held #Ola and #Uber #Cab Aggregator Companies not guilty of facilitating #cartelization or anti-competitive…

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December 16, 2020 In Blog, Uncategorized

NCLT HOLDS ENHANCED MINIMUM THRESHOLD OF RS 1 CRORE NOT APPLICABLE TO DEFAULTS BEFORE PANDEMIC

The Government of India vide Notification S.O. 1205 (E) dated 24.03.2020 (“Notification“) raised the minimum #threshold of #default amount to Rs. 1 Crore, from the earlier amount of Rs. 1 Lakh, in order to trigger Corporate Insolvency Resolution…

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December 14, 2020 In Blog, Uncategorized

CRYPTOCURRENCY CRIMES IN INDIA

In recent times, #CryptoCrimes have occupied a fair share of space in newspaper columns. As per Reddit, Investopedia and Indian Express some of the interesting headlines are as follows: “India’s Bitcoin boom is fueling a surge in cryptocurrency…

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