NISHANT
NISHANT MEHROTRA 28 Aug 2019 6:11pm
An agreement barring the filing of a suit or case between parties in India while vesting the jurisdiction with a foreign court does not oust the jurisdiction of the Adjudicating Authority
1610 0 0
NCLAT :: An agreement barring the filing of a suit or case between parties in India while vesting the jurisdiction with a foreign court does not oust the jurisdiction of the Adjudicating Authority i.e National Company Law Tribunal for proceedings under the Insolvency and Bankruptcy Code. Case: Excel Metal Processors Limited Vs. Benteler Trading International…
NISHANT
NISHANT MEHROTRA 28 Jun 2018 11:22am
Where no document or resolutions make any particular person responsible for complying with specific provisions, company and every officer of company who is in default shall be liable.
1230 0 0
NCLAT :: Where no resolution passed or return filed has been brought to the notice of the Appellate Tribunal charging or fixing responsibilities, in the absence of bringing the same on record, and in the absence of specific pleadings in the petitions for compounding the offence by officer who is in default, of failure to file returns and appoint company…
NISHANT
NISHANT MEHROTRA 20 Jun 2018 3:43pm
Case Laws on Arbitration and Conciliation Act, 1996
3589 0 0
Arbitration & Conciliation Act, 1996If the party which executes discharge agreement/ discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/ coercion/ undue influence practiced by the other party but is not able to establish such a claim or appears to be lacking in credibility, then it is not…
NISHANT
NISHANT MEHROTRA 22 May 2018 11:56pm
Basic Principles and Rules of Law of Evidence
9372 1 0
SUMMARY OF LAW OF EVIDENCE 1. ”Fact” may be physical, psychological, positive and negative. Anything capable of being perceived by sense is fact. Section 32. Connection of events as cause and effect is relevancy.3. A fact which has a certain degree of ”probative force” is known as ”Relevant fact”.4. ”Falsus in uno falsus in omnibus” is no application…
NISHANT
NISHANT MEHROTRA 22 May 2018 2:02pm
Withdrawal of notice under S. 13 (4) of SARFAESI Act does not discharge the debt
3807 0 0
MP HIGH COURT :: Argument of the petitioner was that earlier, the concerned Bank initiated proceedings against the petitioner under Section 13 of the SARFAESI Act, 2002. The petitioner invoked the jurisdiction of Debts Recovery Tribunal under Section 17 of the Act. However, such notice was withdrawn. Therefore, the petitioner contended that the…
NISHANT
NISHANT MEHROTRA 22 May 2018 11:05am
Where a dispute is in existence prior to issuance of notice under sub-section (1) of section 8, the application under section 9 is not maintainable and the Adjudicating Authority has no power to suggest any name for appointment of resolution professional
1732 0 0
National Company Law Appellate Tribunal :: Where it is clear that a dispute exists prior to issuance of demand notice under sub-section (1) of   of section 8, the application under section 9 is not maintainable. Further, the Code does not empower the Adjudicating Authority to suggest any name or appoint any interim resolution professional/resolution…
NISHANT
NISHANT MEHROTRA 21 May 2018 1:15am
Financier has got Every Right to Take Possession of Vehicle, Offence of Theft is not Attracted.]
1691 0 0
Kerela High Court  :: Penal Code, 1860 - Ss. 143, 147, 351 & 379 - Criminal Procedure Code, 1973 - S. 438 - Anticipatory Bail - Theft of Vehicle - Financier - Hire Purchase Agreement - Section 379 IPC is not attracted because as per the agreement the financier has got every right to take possession of the vehicle.Reliance placed on cases of…
NISHANT
NISHANT MEHROTRA 19 May 2018 12:47pm
Bail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out.
2053 0 0
SC :: Criminal Procedure Code 1973 - S. 439 - Penal Code, 1860 - Ss. 376, 342, 493, 506 & 354 (C) - Bail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out. CASE: Judgment dt. May 17, 2018 CRIMINAL APPEAL NO 000716 OF 2018 (@ SPECIAL LEAVE PETITION (CRIMINAL) NO 1130 OF 2018) MS. X VERSUS THE…
NISHANT
NISHANT MEHROTRA 18 May 2018 5:58pm
Appellant cannot on the one hand agree to exit and on the other hand apply for enforcement of various rights permitted under the articles of association and the provisions of the Act.
915 0 0
Bombay High Court :: Companies Act, 1956 – Section 402 read with section 397/398 – Oppression / Mismanagement – Petition for relief against – Order of Company Law Board for valuation of shares for purpose of exit from company – What options are available to appellant – Can it be enforced as a decree to the court.The order passed by the Company Law…
NISHANT
NISHANT MEHROTRA 17 May 2018 11:36pm
Use of a vehicle in a public place without a permit is a fundamental statutory infraction.
1256 0 0
SC :: Motor Vehicles Act, 1988 - S. 66 - Use of a vehicle in a public place without a permit is a fundamental statutory infraction. Held :: The insurer had taken the plea that the vehicle in question had no permit. It does not require the wisdom of the “Tripitaka”, that the existence of a permit of any nature is a matter of documentary evidence. Nothing…
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