NISHANT
NISHANT MEHROTRA 16 Feb 2018 4:23pm
mere allegation that no-claim certificate has been obtained under financial duress and coercion, without there being anything more to suggest the same, does not lead to an arbitrable dispute.
1476 0 0
SC :: in M/s ONGC Mangalore Petrochemicals Ltd. Vs.M/s ANS Constructions Ltd. & Anr. :: A party cannot be permitted to raise arbitration dispute after accepting full and final payment of the contractual amount.  The Court observed that mere allegation that no-claim certificate has been obtained under financial duress and coercion,…
NISHANT
NISHANT MEHROTRA 14 Feb 2018 12:09am
Trial court should rely on print out of order uploaded on official website of high court.
2114 0 0
Bombay High Court :: Trial court should rely on print out of order uploaded on official website of high court.Print out of orders of high court from the official website has sanctity and the trial Courts are expected to consider the said orders, if they are cited after taking a print out from the official website.The said orders are also available…
NISHANT
NISHANT MEHROTRA 11 Feb 2018 2:19pm
Where a law firm has issued notice of demand and it has no authorization for the same, such notice of demand cannot be considered to be a demand notice under sub-section (1) of section 8 and petition under section 9 is not maintainable.
1571 0 0
NCLAT :: In Kumar Jyoti Ranjan & Ms Priyanka Kumari vs. Innovation House Industries (P.) Ltd. :: Insolvency and Bankruptcy Code, 2016 – Section 9 read with section 8 – Corporate Insolvency Resolution Process – Initiation by operational creditor – Notice issued by law firm ‘Corporate Legal Partners’ holding no position or relation to operational…
NISHANT
NISHANT MEHROTRA 10 Feb 2018 12:46am
Arbitration and Conciliation Act, 1996 - Discharge of a contract - Meaning of - Effect of  fraud/coercion/undue influence thereon - arbitrability of the dispute :: Discharge of a contract by an agreement
1476 0 0
SC :: in M/s ONGC Mangalore Petrochemicals Ltd. Versus M/s ANS Constructions Ltd. & Anr. dt. 07.02.2018 :: Arbitration and Conciliation Act, 1996 - Discharge of a contract - Meaning of - Effect of  fraud/coercion/undue influence thereon - arbitrability of the dispute :: Discharge of a contract by an agreement signed by both the parties or…
NISHANT
NISHANT MEHROTRA 9 Feb 2018 10:17pm
Court permits use of Skype for compromise
1194 0 0
Karnataka High Court :: in Rahul Chandra Kone Vs. Jahanvi :: Husband, residing in USA, permitted to participate in compromise proceedings in family court via online video calling facility Skype.
NISHANT
NISHANT MEHROTRA 8 Feb 2018 11:29pm
Securitisation Application under Section 17(1) of the SARFAESI Act is maintainable only when actual/physical possession is taken by the secured creditor or the borrower loses actual/physical possession of the secured assets.
8045 0 0
Allahabad High Court :: Full Bench :: in M/s N.C.M.L. Industries Ltd. through Director and another Vs. Debts Recovery Tribunal, Lucknow and others :: Securitisation Application under Section 17(1) of the SARFAESI Act is maintainable only when actual/physical possession is taken by the secured creditor or the borrower loses actual/physical possession…
NISHANT
NISHANT MEHROTRA 6 Feb 2018 6:26pm
Second marriage after conversion to Islam is void and also bigamy
2633 0 0
SC :: Second marriage after conversion to Islam is void and also bigamy.Ss.5(I),11,13 and 15 - Bigamy - Husband already married under Hindu Law, by embracing Islam, solemnising a second marriage under Muslim law.Held, that would not result in dissolution of the first marriage under Hindu Law - Unless and until the first marriage is dissolved by a decree…
NISHANT
NISHANT MEHROTRA 6 Feb 2018 2:33pm
Party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it raises an objection in the WS
1189 0 0
Delhi High Court :: in Parasramka Holdings Pvt. Ltd. vs Ambience Private Ltd. & Anr. :: Party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it raises an objection in the written statement that the present suit is not maintainable in view…
NISHANT
NISHANT MEHROTRA 5 Feb 2018 8:21am
Rejection of application by corporate debtor for initiation of corporate insolvency resolution process.
1958 0 0
NCLAT :: in Unigreen Global (P.) Ltd. v. Punjab National Bank :: Section 10 IBC, 2016.(A) Where application of corporate debtor for initiation of insolvency resolution is rejected in the absence of any reasons recorded by the Adjudicatory Authority, such order cannot be upheld, particularly when record does not show that the applicant has suppressed…
NISHANT
NISHANT MEHROTRA 3 Feb 2018 12:29am
Securitisation Act shall apply to all existing agreements even though lender was not a notified ‘financial institution’ on date of execution of borrowing agreement and was notified subsequently
1275 0 0
SC :: Securitisation Act shall apply to all existing agreements even though lender was not a notified ‘financial institution’ on date of execution of borrowing agreement and was notified subsequently – Sections 13 and 37 read with section 7 of Arbitration and Conciliation Act, 1996. Case: M D Frozen Foods Exports (P.) Ltd. v. Hero Fincorp Ltd.
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