NCLAT: Financial Creditor can simultaneously initiate CIRP against Principal Borrower and Corporate Guarantor In this case, the National Company Law Appellate Tribunal (NCLAT) posed with the question of law as to whether for the debt due, is it admissible for the Financial Creditor to file separate claims:- (i) In the CIRP of the Corporate Guarantor;
... Continue Reading.Month: March 2021
Supreme Court dismisses Writ Challenging State Consumer Commission’s Order
Supreme Court dismisses Writ Challenging State Consumer Commission’s Order The Supreme Court (SC) in the case titled Mehra Bal Chikitsalaya Evam Navjat Shishu I.C.U. (Petitioner) v. Manoj Upadhyaya (Respondent), opined that a writ petition under Article 226 of the Constitution challenging judgments and orders passed by the State Consumer Disputes Redressal Commission (State Commission) is
... Continue Reading.Supreme Court rules a problem maker can’t be a solution maker
Supreme Court rules a problem maker can’t be a solution maker The Supreme Court (SC) in the case Arun Kumar Jagatramka (Appellant) v. Jindal Steel and Power Ltd. (Respondents) upheld the decision of the National Company Law Appellate Tribunal (NCLAT). It had u/s 29A of the Insolvency and Bankruptcy Code (IBC) specifically disqualified former promoters
... Continue Reading.Do I really know what Racism is?
What exactly is Racism – I am yet to find an answer to it. When I do the google search, the first definition which pops up is “the belief that some races of people are better than others; unfair ways of treating people of different races”. Do I really know what Racism is? How many
... Continue Reading.R.I.P.: Khaitan 1st-year, NLIU 2020 batch Devansh Srivastava passes away after cardiac arrest
Devansh Srivastava: Rest in Peace Khaitan & Co first-year associate and NLIU Bhopal 2020 graduate Devansh Srivastava has passed away early yesterday morning after a cardiac arrest. Khaitan & Co executive director Amar Sinhji commented: It is with deep sorrow that we inform about the sad demise of Devansh Srivastava, in the early hours on
... Continue Reading.Tamil Nadu Government Has Decided To Withdraw All Anti-CAA Protests Cases
The Hon’ble Madras HC of late quashed the criminal proceedings initiated against an advocate for indulging in protests against the Citizenship Amendment Act, 2019 (hereinafter referred to as “CAA, 2019”) in Chennai in December 2019. The FIR was duly lodged against Advocate under Sections 143 (unlawful assembly) and 188 (disobedience to orders of public servants)
... Continue Reading.All Consumer Complaints filed before the CPA 2019 should be heard by Fora : SC
On Tuesday, the Supreme Court held that consumer complaints filed before the enactment of the Consumer Protection Act 2019 should resume in the Fora in which they were filed as per the monetary jurisdiction under the foregoing Consumer Protection Act 1986. A bench of Justices DY Chandrachud and MR shah overrule the directions of National
... Continue Reading.The SPAC-tacular rise of Blank Check Companies in India?
[Poojita Saxena is a 4th year law student at the National Law Institute University, Bhopal] One of India’s leading renewable energy companies, ReNew Power, recently announced the execution of a definitive business combination agreement with RMG Acquisition Corporation II. The USD 8-billion transaction enables the combined power generation company to get listed on NASDAQ by
... Continue Reading.Rajya Sabha Passes Bill To Declare Two Food Technology Institutes As Institutions Of National Importance
The Rajya Sabha on 15th March 2021 passed the National Institutes of Food Technology, Entrepreneurship and Management Bill, 2019, to declare certain institutes of food technology, entrepreneurship, and management as institutions of national importance. These institutes; the National Institute of Food Technology Entrepreneurship and Management, Kundli the Indian Institute of Food Processing Technology, Thanjavur. As
... Continue Reading.Accused Can Be Summoned Even based on Examination-In-Chief Of Witness: Supreme Court
The Hon’ble bench observed that If based on the examination in chief of the witness the Hon’ble Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC, 1973”) array such a
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