May 25, 2020 NCLAT dismisses NCLT order to make MCA party to every IBC case and Company Petitions [ by Legal Era News Network ] The National Company Law Appellate Tribunal (NCLAT) has set aside an order of the Principal Bench of NCLT that the Ministry of Corporate Affairs (MCA) will have to be made
... Continue Reading.Month: May 2020
SpicyIP Weekly Review (May 18 – 24)
[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight The Delhi High Court and an Anti-Suit Injunction – Part I & II In a two-part post, Mathews wrote about the Delhi HC’s recent decision in HT Media Ltd. v. Brainlink Int., wherein it granted an
... Continue Reading.Suit For Specific Performance Of Contract: Top 14 Points
//www.pathlegal.in/Suit-For-Specific-Performance-Of-Contract:-Top-14-Points–legalnewscopied-2384869 Author: Adv. Sarika Khude 1. Specific performance refers to fulfilling of contract as agreed by both parties. 2. Any pa… Read More
... Continue Reading.Texas A&M School of Law Invites Your Contributions to its New Blog, TradeRxReport #sponsored
We’re pleased to inform you that Texas A&M University School of Law has launched a new blog ‘TradeRx Report‘ which explores questions of access to affordable medicines and health care that arise at the intersection of IP law and international trade, and is inviting contributions for it. For further details, please read the announcement below:
... Continue Reading.Avoidance Proceedings under the IBC: Time for a Tweak in the Regime?
[Arnav Maru is a fourth year B.A. LL.B. (Hons.) student and Bhavya Solanki a second year B.A. LL.B. (Hons.) student, both at MNLU Mumbai] As the Insolvency and Bankruptcy Code, 2016 approaches its fourth anniversary, it has proven effective in reshaping the Indian insolvency landscape. A 2019 report by CRISIL had highlighted that the Code
... Continue Reading.SC Has Failed Its Constitutional Duty In Handling Of Migrant Cases
//www.pathlegal.in/SC-Has-Failed-Its-Constitutional-Duty-In-Handling-Of-Migrant-Cases-legalnewscopied-2384877 Author: Adv Rose The Supreme Court ignored migrant workers when they most needed protection As India, along with the rest of the world, grapples w… Read More
... Continue Reading.Proposed Amendments to the IBC: A Half Baked Scheme?
[Anushka Garg is a fourth-year B.B.A., LL.B. (Business Law Hons.) student at National Law University, Jodhpur] In wake of the economic fallout caused by the COVID-19 crisis, India’s Finance Minister Nirmala Sitharaman rolled out several measures to provide relief to companies that face the threat of insolvency. The Insolvency and Bankruptcy Code, 2016 will be
... Continue Reading.Rashtrasant Tukdoji Maharaj & Anr. vs State of Maharashtra, Department & Anr.
In the High Court of Judicature at Bombay, Nagpur BenchWrit petition no.2966/2011PetitionerRashtrasant Tukdoji Maharaj & Anr.Respondent1. State of Maharashtra, Department of Higher and Technical Education2. Bar Council of IndiaDate of Judgement8th April 2020BenchJustice A.S. Chandurkar; Justice Amit Borkar Facts of the Case The Petitioner no. 1 is a State University governed by the Maharashtra
... Continue Reading.The Delhi High Court and Anti-Suit Injunction – Part II
(Please read the summary of the discussed judgment.) Introduction I am unable to agree with the judgment of Delhi High Court on various counts. At the outset, this is an ex-parte proceeding. The evidentiary threshold, as held by the Supreme Court in Ramesh Chand Ardawatiya Vs. Anil Panjwani, (AIR 2003 SC 2508), is as follows:
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