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Searching Content indexed under Trials & Appeals & Compensation by Chakrapani Misra ordered by Published Date Descending.
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NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
India
14 Aug 2019
2
Would The Chit Funds Act, 1982, Being A Self-Contained Code, Prevail Over The Provisions Of The Arbitration And Conciliation Act,1996?
One Mr Harish Pujary, the brother of the Petitioner, was a member of the chit group of the Respondent.
India
12 Jul 2019
3
Bombay High Court: Mandatory Timeline For Filing Written Statement In 120 Days Under CPC Not Applicable To ‘Transferred' Commercial Suits
It is now to be seen whether such discretion would be used positively or negatively by the Courts while deciding on the timeline to file a written statement in Transferred Commercial Suits.
India
19 Jun 2019
4
Payment Against An Agreement To Sell Is A Duly Enforceable Debt Under The Negotiable Instruments Act
The division bench of the Supreme Court of India comprising of Hon'ble Justice Dr D.Y. Chandrachud and Hon'ble Justice Mr Hemant Gupta, in its judgment dated 13 March 2019 in Ripudaman Singh v Balkrishna, ...
India
5 Apr 2019
5
Compounding Of Non-Compoundable Offences By High Courts Under Section 482 Of CRPC- Supreme Court Re-Affirms Position
In the present case, two appeals with the same question of law were tagged together.
India
26 Mar 2019
6
SC: Former Employee Is Not Disqualified From Being Appointed As An Arbitrator
Vide a recent judgment dated 3 January 2019 in the matter of Government of Haryana PWD Haryana (B and R) Branch v M/s G F Toll Road Pvt Ltd & Ors (Civil Appeal No. 27/2019 in S.L.P. (C) No. 20201 of 2018), ...
India
21 Jan 2019
7
The NCLAT Rules That The Adjudicating Authority Has No Jurisdiction To Decide The Legality And Propriety Of A Foreign Decree
The NCLAT, vide its judgment in Usha Holdings LL.C. & Anr v Francorp Advisors Pvt Ltd (Company Appeal (AT) (Insolvency) No. 44 of 2018) dated 30 November 2018, held that the NCLT cannot determine ...
India
14 Jan 2019
8
Bar On Civil Court To Entertain Matters Pertaning To The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002.
The division bench was examining an order passed by a single judge of the High Court which rejected the contentions of Axis Bank that it could not be impleaded...
India
29 Nov 2018
9
A Borrower Can Now Challenge Symbolic Possession Under The Sarfaesi Act
The Hon'ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. v State of Uttar Pradesh [(Civil Appeal No 10873 of 2018 along with Civil Appeal No 10874 of 2018)] ...
India
21 Nov 2018
10
Supreme Court Lays Down Guidelines To Determine The Interest Payable On Arbitral Awards In International Commercial Arbitrations
The arbitral tribunal's award contained separate sums of money payable under each claim
India
1 Nov 2018
11
NCLAT Settles The Issue Of The Applicability Of The Limitation Act To Insolvency Applications Under The Insolvency And Bankruptcy Code
The NCLAT passed a judgment putting to rest the question of the applicability of the Limitation Act, 1963 to the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
India
8 Jan 2018
12
Delay In Filing Appeal Against An Order Of The Recovery Officer Cannot Be Condoned
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
India
17 Nov 2017
13
Maintainability Of Letters Patent Appeal Under Clause XV Of The Letters Patent
The appellants were the original owners of an agricultural land (admeasuring 6,070 sq.m.) in Narol, District Ahmedabad ("Appellants").
India
30 Oct 2015
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