Monday May 8, 2023. BY | Bankruptcy Code – Public Announcements The Hon’ble Division Bench, Supreme Court of India, comprising of Justice Shri. Mukesh Kumar Rasikbhai Shah and Justice Shri C.T Ravikumar in the matter of M/s. Next Education India Pvt. Ltd. Vs. M/s. K12 Techno Services Pvt. Ltd (Civil Appeal No. 1775 of 2021), vide
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Evidentiary Value Of Extra-Judicial Confession Also Depends On Person To Whom It Is Made : Supreme Court
While shedding light on the all-important evidentiary value of the extra judicial confession and so also on how it hinges a lot on the person to whom it is made and under what circumstances they can be accepted, the Supreme Court as recently as on
... Continue Reading.Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators
Wednesday March 1, 2023. BY Arbitration Team | Arbitration and Conciliation The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the Act”)and in view of the same, imposed a ceiling
... Continue Reading.SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day
Image by Freepik Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very
... Continue Reading.Access to any Supreme Court Case: Just a Few Clicks Away!
In this post our SpicyIP intern, Gaurangi Kapoor writes on the recently launched e-SCR platform, highlighting its key features. Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence. Access to any Supreme Court Case: Just a Few
... Continue Reading.Kaushal Kishor v. State Of UP: A Tale of Mis-Readings and Bad Externalising
We’re pleased to bring to our readers a guest post by Akshat Agrawal on the Supreme Court’s decision in Kaushal Kishor v. State of U.P. Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court.
... Continue Reading.Fundamental Rights – Meaning And Concept
Table of Contents hide Background The diversity of India is very typical. From the times of the Indus Valley civilisation to modern-day India, the subcontinent witnessed an explosion of cultures, religions, and languages. Various rulers and kingdoms came and ruled the subcontinent, making significant changes thereby. But, like every other civilisation of the world, what
... Continue Reading.SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)
Tuesday November 8, 2022. BY | Arbitration and Conciliation The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding the provisions of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”).
... Continue Reading.No Contrary View Can Be taken by Labour Court Once Order of Termination approved by the Industrial Tribunal: Supreme Court
Monday October 31, 2022. BY Mr. Chitrang Gamot and Ms.Nidhi Singh | Blog The Hon’ble Supreme Court recently held that the order passed by Industrial Tribunal. is binding. The views of Industrial Tribunal being higher forum attains finality and no contrary view can be taken by the Labour Court to such findings. In the present
... Continue Reading.Limitation period for filing applications under I&B Code
Friday September 23, 2022. BY Madhura Rane, Umang Shirodariya | Insolvency & Bankruptcy The Hon’ble Supreme Court, in Tech Sharp Engineers Private Limited v. Sanghvi Movers Limited (Civil Appeal No. 296 of 2020), on September 19, 2022, held “a claim may not be barred by limitation, it is the remedy for realisation of such claim
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