SUPREME COURT ALLOWS EXTENSION OF TIMELINES FOR PROJECT COMPLETION IN THE INTEREST OF HOMEBUYERS A Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justice L. Nageswara Rao and Justice BR Gavai has recently passed a Judgment dated 27-04-2022 in the matter of Anand Murti vs Soni Infratech Pvt Ltd and Anr.
... Continue Reading.Category: Uncategorized
SUPREME COURT DIRECTS HIGH COURTS TO BE CAUTIOUS IN GRANTING RELIEF AT PRE-TRIAL STAGE UNDER NEGIOTIABLE INSTRUMENTS ACT,1881
SUPREME COURT DIRECTS HIGH COURTS TO BE CAUTIOUS IN GRANTING RELIEF AT PRE-TRIAL STAGE UNDER NEGIOTIABLE INSTRUMENTS ACT,1881 In recent Criminal Appeals, a two Judge Bench of the Supreme Court comprising of Justice K.M. Joseph and Justice Hrishikesh Roy passed an Order and Judgement dated 26.04.2022 in ‘Rathish Babu Unnikrishnan vs. The State (Govt. of
... Continue Reading.SUPREME COURT REITERATES THAT PROCEEDINGS UNDER INSOLVENCY AND BANKRUPTCY CODE ARE NOT MONEY RECOVERY PROCEEDINGS
SUPREME COURT REITERATES THAT PROCEEDINGS UNDER INSOLVENCY AND BANKRUPTCY CODE ARE NOT MONEY RECOVERY PROCEEDINGS A Division Bench of the Hon’ble Supreme Court of India comprising of Justice Dinesh Maheshwari and Justice Aniruddha Bose passed a Judgment dated 25-04-2022 in the case of Invest Asset Securitisation and Reconstruction Pvt. Ltd. versus Girnar Fibres Ltd (Civil
... Continue Reading.Lost in a Labyrinth: NCLT’s Journey from Admission to Withdrawal under the IBC
[Siddharth Jasrotia is a IV year student at the Maharashtra National Law University, Mumbai] The National Company Law Tribunal’s (“NCLT”) power to allow the withdrawal of insolvency petition has been subject to immense judicial scrutiny over the past few years, often resulting in conflicting outcomes. The inception of section 12-A in the Insolvency and Bankruptcy
... Continue Reading.Gauging the Scheme of Predatory Pricing: The Case of Shopee Pvt. Ltd.
[Shubham Gandhi and Tanish Gupta are IV year and III year students respectively at National Law University, Jabalpur] The Competition Commission of India (‘CCI’) in the recent case of In Re: Vaibhav Mishra v. Sppin India Pvt. Ltd.(‘Shopee case’), has dismissed the allegation regarding the exercise of predatory pricing carried out by ‘Shopee’, an online
... Continue Reading.SUPREME COURT DIRECTS HYUNDAI MOTORS TO PAY PUNITIVE DAMAGES AND REPLACEMENT OF THE CAR
SUPREME COURT DIRECTS HYUNDAI MOTORS TO PAY PUNITIVE DAMAGES AND REPLACEMENT OF THE CAR In a recent case decided by the Hon’ble Supreme Court of India comprising of Justice Aniruddha Bose and Justice Vineet Saran in the matter of Hyundai Motor India Limited vs. Shailendra Bhatnagar Civil Appeal No. 3001 of 2022, by Judgement dated
... Continue Reading.Supreme Court Clarifies Evidentiary Burden in Insider Trading Cases
The issue of the burden of proof of the securities regulator in insider trading cases has been a vexed one. This is particularly because direct evidence is often hard to come by, and the Securities and Exchange Board of India (SEBI) has to resort to circumstantial evidence. The jurisprudence thus far has borne some recognition
... Continue Reading.SUPREME COURT HOLDS THAT DOCTORS CANNOT BE HELD LIABLE FOR MEDICAL NEGLIGENCE MERELY BECAUSE THEY COULD NOT SAVE THE PATIENT
SUPREME COURT HOLDS THAT DOCTORS CANNOT BE HELD LIABLE FOR MEDICAL NEGLIGENCE MERELY BECAUSE THEY COULD NOT SAVE THE PATIENT A Division Bench of the Supreme Court, comprising of Justice Ajay Rastogi and Justice Abhay S. Oka, on 19.04.2022, held that Doctors cannot be held liable for medical negligence merely because they could not save
... Continue Reading.SUPREME COURT REITERATES THE GROUNDS TO ESTABLISH OFFENCE OF DOWRY DEATH
SUPREME COURT REITERATES THE GROUNDS TO ESTABLISH OFFENCE OF DOWRY DEATH A Three Judge Bench of the Hon’ble Supreme Court comprising of Chief Justice of India N.V. Ramana, Justice A.S. Bopanna and Justice Hima Kohli passed a Judgment dated 21-04-2022 in Devender Singh & Ors. Vs The State of Uttarakhand and reiterated the essential ingredients
... Continue Reading.PRE-DEPOSIT OF 75% OF ARBITRAL AMOUNT NECESSARY TO PREFER APPEAL UNDER SECTION 19 MSMED ACT
PRE-DEPOSIT OF 75% OF ARBITRAL AMOUNT NECESSARY TO PREFER APPEAL UNDER SECTION 19 MSMED ACT In a recent Civil Appeal, the Supreme Court with corum comprising of Justice M.R Shah and Justice B.V Nagarathna in the matter of ‘M/s Tirupati Steels vs. M/s Shubh Industrial Component and Anr.’ (Civil Appeal No. 2941 of 2022) vide
... Continue Reading.