SUPREME COURT DECIDES ON JURISDICTION OF CIVIL COURT TO TRY TENANCY DISPUTES A Two Judge Bench of the Supreme Court comprising of Justice Ajay Rastogi and Justice Abhay S. Oka has passed a Judgment dated 28-01-2022 in the matter of Subhash Chander and Ors. versus M/s Bharat Petroleum Corporation Ltd. (BPCL) & Anr. and upheld the High Court Judgment dated 08-07-2019 holding that the
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Parent’s Duty of Care in Relation to a Subsidiary: India and Beyond
[Radhika Ghosh and Yatin Gaur are 3rd year B.A. L.L.B (Hons.) students at Hidayatullah National Law University in Raipur.] The English Supreme Court has yet again in the recent decision of Okpabi v Royal Dutch Shell considered the question of the jurisdictional challenges associated with claims being brought in England against a UK domiciled parent for the
... Continue Reading.Rectifying the Law: CoC Approval for Withdrawal of CIRP Proceedings
[Pradhyuman Singh is a V year student of law from Gujarat National Law University, Gandhinagar] On 4 January 2022 in Vinayak Deshpande v. Nexo Industries, the National Company Law Appellate Tribunal (“NCLAT”), Chennai allowed a corporate debtor to settle the matter with the creditor. Accordingly, the National Company Law Tribunal (“NCLT”) was directed to allow
... Continue Reading.The JPC Report on Personal Data Protection Bill: What is in it for Indian Startups?
[Raj Shekhar is a III-year B.A., LL. B, student at National University of Study and Research in Law, Ranchi.] On 16 December 2021, the Joint Parliamentary Committee (“JPC”) submitted its long-awaited report to the Indian Parliament after two years of deliberations on the of the Personal Data Protection Bill (“Bill”). While the experts and stakeholders
... Continue Reading.SECTION 5 OF LIMITATION ACT HAS NO APPLICATION TO A CIVIL SUIT
SECTION 5 OF LIMITATION ACT HAS NO APPLICATION TO A CIVIL SUIT A Division Bench of the Hon’ble Supreme Court of India comprising of Justices Sanjiv Khanna and Bela M. Trivedi passed a Judgment dated 21-01-2022 in the case of Sunil Kumar Maity & Anr. v. State Bank Of India And Anr. {Civil Appeal 432
... Continue Reading.UNDERSTANDING THE MEANING OF DISCHARGE UNDER SECTION 227 OF CRIMINAL PROCEDURE CODE, 1973?
UNDERSTANDING THE MEANING OF DISCHARGE UNDER SECTION 227 OF CRIMINAL PROCEDURE CODE, 1973? Guest Post by Advocate Dinesh Singh Chauhan, High Court of Judicature, J&K & Ladakh, Jammu Introduction Discharge in legal criminal parlance is defined in Black Law Dictionary as “The opposite of charge; hence it would mean to release; liberate; annul; unburden; disencumber”
... Continue Reading.SUPREME COURT UPHOLDS DISMISSAL FROM SERVICE FOR MISCONDUCT
SUPREME COURT UPHOLDS DISMISSAL FROM SERVICE FOR MISCONDUCT In a recent Judgment, passed by the Division Bench of Justices M.R. Shah and B.V. Nagarathna, titled Maharashtra State Road Transport Corporation v. Dilip Uttam Jayabhay, Civil Appeal No.7403 of 2021, the Court upheld dismissal of an employee for misconduct even though the driver who had committed
... Continue Reading.Amazon – Future Group: Delhi High Court’s Intrusiveness in Staying Arbitral Proceedings
The arbitral proceedings initiated by Amazon against the Future Group before a Singapore arbitral tribunal has already received considerable judicial attention in the courts in India. In a recent turn of events, a division bench of the Delhi High Court on 5 January 2022 stayed the arbitral proceedings upon the request of the Future Group,
... Continue Reading.Ebix Singapore v. Educomp: Clearing the Muddied Waters
[Aadya Bansal and Navya Saxena are 4th year students at National Law Institute University, Bhopal] On 13 September 2021, the Supreme Court, in its landmark decision in Ebix Singapore Private Ltd. v. Committee of Creditors of Educomp Solutions Ltd., provided a much needed conclusion to a recurring debate under the Insolvency and Bankruptcy Code, 2016
... Continue Reading.The Relevance of ‘Profit Making’ in Insider Trading: A Paradox
[Aaj Sikri and Kartik Arya are penultimate year BA LLB (Hons) students at Jindal Global Law School, Sonipat] The insider trading norms in India have evolved with time. Before the implementation of SEBI (Prohibition of Insider Trading) Regulations, 2015 (“PIT Regulations”), intention was relevant while deciding whether an insider has engaged in Insider Trading or
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