SUPREME COURT HOLDS THAT LITIGANT CANNOT TAKE CONTRADICTORY STAND BEFORE TWO DIFFERENT COURTS/AUTHORITIES In a recent Civil Appeal, of Premlata @ Sunita Vs Naseeb Bee & Ors.’ (Civil Appeal No’s. 2055-2056 of 2022), the Supreme Court vide Judgment dated 23.03.2022, reversed the High Court of Madhya Pradesh at Jabalpur Judgement and Order dated 27.11.2019 (Impugned
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SUPREME COURT DECIDES UPON THE ISSUE OF ABANDONMENT OF CONTRACT
SUPREME COURT DECIDES UPON THE ISSUE OF ABANDONMENT OF CONTRACT A Division Bench of the Hon’ble Supreme Court of India comprising of Justice Hemant Gupta and Justice V. Ramasubramanian passed a Judgment dated 30-03-2022 in the case of Shripati Lakhu Mane v. The Member Secretary, Maharashtra Water Supply and Sewerage Board & Ors. {Civil Appeal No.556
... Continue Reading.SUPREME COURT DIRECTS HIGH COURTS TO PASS REASONED ORDERS WHILE DEALING WITH WRIT PETITIONS
SUPREME COURT DIRECTS HIGH COURTS TO PASS REASONED ORDERS WHILE DEALING WITH WRIT PETITIONS Article 226 of the Constitution of India empowers the High Courts to issue writ in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari in order to protect and enforce the fundamental rights guaranteed by the Constitution. A Division
... Continue Reading.SUPREME COURT HOLDS MERE SUBMISSION OF HIGHEST BID DOES NOT GRANT OWNERSHIP RIGHTS TO AUCTION PURCHASER
SUPREME COURT HOLDS MERE SUBMISSION OF HIGHEST BID DOES NOT GRANT OWNERSHIP RIGHTS TO AUCTION PURCHASER Recently, a two-Judge Bench of the Supreme Court in the Municipal Committee, Barwala, District Hisar, Haryana Through Its Secretary/President vs Jai Narayan And Company & Anr Civil Appeal No. 2222 of 2022 passed a Judgment dated 29-03-2022 and decided
... Continue Reading.Rising Haircuts: A Death Knell for the IBC?
[Simran Lunagariya and Priyanshi Jain are fourth-year B.Com LL.B. (Hons.) students at Nirma University, Ahmedabad (Gujarat)] A competent insolvency procedure assists creditors and corporate debtors (“CDs”) in recognizing whether the stressed company is approaching financial collapse and in finding an amicable solution for the same. To this end, it is important that the insolvency procedure
... Continue Reading.Leniency Applicant Challenging the DG Report: Need for Clarity?
[Shubhankar Tiwari is a 4th year B.A. LL.B. (Hons.) student and Dhaval Sheth a 2nd year B.A. LL.B. (Hons.) student, both at National Law University, Delhi] Leniency application is an emerging concept within the Indian competition law jurisprudence. Internationally, it has developed as an integral part of the cartel whistleblower protection programme. This programme protects
... Continue Reading.DELHI HIGH COURT HOLDS THAT PLAINTIFFS CANNOT CLAIM REFUND OF DOUBLE THE EARNEST MONEY PAID
DELHI HIGH COURT HOLDS THAT PLAINTIFFS CANNOT CLAIM REFUND OF DOUBLE THE EARNEST MONEY PAID A Single Judge Bench of the Hon’ble High Court of Delhi passed a Judgment dated 23-03-2022 in the case of Kulmohan Singh & Anr. v. Satinder Bhasin & Anr. CS(OS) 301/2020 and held that the Plaintiffs cannot recover double the
... Continue Reading.The Dichotomy of Special Courts: Contrasting the Companies Act and the IBC
[Rhythm Buaria and Payal Chandra are advocates practicing before courts and tribunals in Delhi] Recently, a Single Judge of the Bombay High Court concluded, in Satyanarayan Bankatlal Malu v. Insolvency and Bankruptcy Board of India, that offences under the Insolvency and Bankruptcy Code, 2016 (“IBC”) can only be tried by the Metropolitan Magistrate or Judicial
... Continue Reading.Towards an Egalitarian Ecosystem: Rejuvenating VC-SPAC Regulations for Women
[Simran Lunagariya and Priyanshi Jain are fourth-year B.Com LL.B. (Hons.) students at Nirma University, Ahmedabad (Gujarat)] India suffers from a dearth of female entrepreneurs, as seen by the country’s poor placement of 52 out of 57 countries on the Index of Women Entrepreneurs. A recent study by Mastercard indicated that a significant challenge for women
... Continue Reading.KARNATAKA HIGH COURT DECIDES ON THE HIJAB ROW
KARNATAKA HIGH COURT DECIDES ON THE HIJAB ROW The Hon’ble Karnataka High Court has in a recent case of Smt. Resham and Another vs State of Karnataka and Others WP 2347/2022 and other connected Writ Petitions passed a Judgment dated 15-03-2022 in the Karnataka Hijab Row. The cause of the Hijab Row and the contentions
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