SUPREME COURT HOLDS THAT LITIGANT CANNOT TAKE CONTRADICTORY STAND BEFORE TWO DIFFERENT COURTS/AUTHORITIES

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 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

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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

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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

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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

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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

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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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