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... Continue Reading.Month: January 2021
Uttarakhand HC allows A Foreigner To Deposit Cash Amount For Bail and observed Person Unable To Find A Surety Can Take Benefit Of S. 445 CrPC
CASE: David Morrison v. State of Uttarakhand CORAM: Hon’ble Justice Shri Alok Kumar Verma On 13 January, allowing a foreign national to deposit a reasonable amount of cash instead of executing surety bonds in order to secure bail, the Uttarakhand High Court noted that Section 445 of the Code of Criminal Procedure is intended to
... Continue Reading.Delhi HC stays Saraf’s ouster by Rajiv Luthra for violating deed & Act • Delhi offices shut 4 days for fumigation
Stay by Delhi HC The Delhi high court has “prima facie” and “tentative[ly]” stayed the termination of senior partner Mohit Saraf’s termination from L&L Partners, the partnership he had co-founded, by managing partner Rajiv Luthra. Delhi high court Justice V Kameswar Rao ordered the following relief: 72. In view of my above discussion, prima facie
... Continue Reading.Can IBC override existing contracts? Why giving primacy to insolvency law may set a wrong precedent
In a recent judgement which could have wide-reaching ramifications, the National Company Law Appellate Tribunal (NCLAT) upheld the order of the National Company Law Tribunal (NCLT) that set aside termination of a power purchase agreement (PPA) between the corporate debtor, Lanco and the Gujarat distribution licensee, GUVNL. It held that the Insolvency and Bankruptcy Code,
... Continue Reading.Without Certificate, WhatsApp Message Has No Evidentiary Value Under Section 65 B (4) Indian Evidence Act
CASE: Rakesh Kumar Singla v. Union Of India CORAM: Hon’ble Justice Jaishree Thakur The Punjab and Haryana HC noted that unless they are certified according to Section 65B of the Indian Evidence Act, WhatsApp messages would have no evidentiary value. This statement was made by a single bench of Justice Jaishree Thakur while determining a
... Continue Reading.Delhi HC to form a special tribunal to monitor the latest motor accident claims scheme
The Delhi High Court has set up a special committee to oversee the enforcement of the New System for Motor Accident Claimants devised by it for the speedy settlement of claims for motor accidents, to be headed by a lawyer. One of the key aspects of this system is that after filing the First Injury
... Continue Reading.Advocates move SC to stop physical hearings in Delhi HC
Many advocates recently filed a plea in the Supreme Court against the Delhi High Court’s decision to resume physical hearing at a large scale. The four main lawyers of this petition are Advocates Kartik Nayar, Nancy Roy, Sanchit Jolly, and Amit Bhagat. The petition was highly against the Delhi High Court’s order to start physical
... Continue Reading.Petition to Initiate Contempt of Court Proceedings Against RBI Governor and Others
Petitions have been filed in Supreme Court seeking directions for contempt of court proceedings initiation and punishment for Reserve Bank of India (RBI) Governor, Shaktikanta Das and others for the violation of Supreme Court order of September 3, 2020. The order had been passed on the loan moratorium case where the court had stated that
... Continue Reading.United Nations – Introduction, Background and Highlights
The United Nations (UN) is an intergovernmental organisation—by far the most powerful, well-funded, and influential—founded in 1945. The UN provides a forum for its member-states to deliberate, discuss, and resolve pressing issues in a non-violent way. Founded in the aftermath of the devastating Second World War, the UN has proved resilient so far, completing 75
... Continue Reading.SUPREME COURT HOLDS THAT INCORPORATING ONE SIDED AND UNREASONABLE CLAUSES IN A BUILDER BUYER’S AGREEMENT CONSTITUTES AN UNFAIR TRADE PRACTICE
The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed a Judgment dated 11-01-2021 in the case of Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna & Others Civil Appeal No. 5785 of 2019 and held that incorporation of one-sided and unreasonable
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