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[Dhaval Hemesh Sheth is a second-year student at National Law University, Delhi.] On 27 January 2022, the National Company Law Appellate Tribunal (‘NCLAT’) in the matter of State Bank of India v. Mahendra Kumar Jajodia (‘Mahendra Kumar case’) ruled that an application filed under section 95(1) of the Insolvency and Bankruptcy Code, 2016 (‘Code’) before

[Chinmayanand Chivukula is an Advocate based in Hyderabad] The ‘group of companies’ doctrine originated in France in the ICC case of Dow Chemical France v. Isover Saint Gobain. In essence, it requires non-signatories to be bound by an arbitration agreement if such mutual intention can be made out amongst the entities within a group of

[Surya Prakash BS is a chartered accountant and law graduate working at DAKSH, a non-profit working on transforming the law and justice systems. He has handled finance and tax functions at corporates in his previous roles. Views are personal] The 2022 Union Budget makes one more attempt to reduce the volume (the number of cases)

SUPREME COURT REITERATES GROUNDS FOR CULPABLE HOMICIDE AMOUNTING TO MURDER I. Brief facts of the case: An Appeal in the matter of State of Uttarakhand vs Sachdendra Singh Rawat (Criminal Appeal No. 143 of 2022) was filed before the Hon’ble Supreme Court (hereinafter “Supreme Court”) against the Impugned Order dated 11-12-2018 passed by the Hon’ble

HINDU WOMEN’S INHERITANCE RIGHTS INTRODUCTION: Property is the fulcrum for women in a patriarchal society. It empowers women to make a choice about livelihood, provides security against poverty and advocates autonomy. But in the effort to upkeep the virtues of Indian womanhood, women’s sacrifice of rights in property has been always applauded. Women tend to

SUPREME COURT ALLOWS JUDICIAL CUSTODY OF ADARSH GROUP DIRECTORS FOR COMMITTING FRAUD In a recent case of Serious Fraud Investigation Office vs Rahul Modi & Ors., a two Judge Bench of the Supreme Court comprising of J. L. Nageswara Rao and J. B. R. Gavai passed a Judgment dated 07-02-2022 and decided upon the challenge

SUPREME COURT HOLDS THAT A SEPARATE SUIT CHALLENGING THE CONSENT DECREE IS NOT MAINTAINABLE A Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices M.R. Shah and Sanjiv Khanna passed a Judgment dated 09-02-2022 in the case of M/s. Sree Surya Developers and Promoters Vs N. Sailesh Prasad and Ors. {Civil

SUPREME COURT UPHOLDS CONVICTION OF ACCUSED SOLELY BASED ON DYING DECLARATION Dying declaration is a statement or a testimony by a person who is on his death-bed, stating reasons for his death. Section 32(1) of the Indian Evidence Act, 1872 (Act) defines and lays down the essential elements of a dying declaration. Section 32(1) of

[Karan Kamath is an Advocate, Bombay High Court and an LLM candidate at the University of Edinburgh. The author would like thank Mr Rohan Deshpande, Counsel, Bombay High Court, Barrister (unregistered), Inner Temple, and MCIArb, for comments on an earlier draft] In a section 11(6) application, a three-judge bench of the Supreme Court recently dealt

SUPREME COURT HOLDS THAT OPERATIONAL DEBT INCLUDES ADVANCE PAYMENT MADE TO A CORPORATE DEBTOR A Three Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Dr Dhananjaya Y Chandrachud, Surya Kant and Vikram Nath passed a Judgment dated 04-02-2022 in the case of M/s Consolidated Construction Consortium Limited Vs M/s Hitro Energy