NISHANT
NISHANT MEHROTRA 2 Feb 2018 11:58pm
Sections 7 or 9 or 10 IBC and applicability of Limitation Act, 1963
2044 0 0
NCLAT :: in Speculum Plast (P.) Ltd. v. PTC Techno (P.) Ltd.  :: Sections 7 or 9 or 10 IBC read with Limitation Act, 1963 ::1. Limitation prescribed under the Limitation Act cannot be made applicable to the Code.2. Only exception to non-applicability of Limitation Act, 1963 is article 137 thereof.3. To decide question whether a person can claim…
NISHANT
NISHANT MEHROTRA 2 Feb 2018 11:47pm
Quashing of criminal complaint by HC - Proper manner and mode of dispossal - S. 482 Cr.P.C.
1148 0 0
Quashing of criminal complaint by HC - Proper manner and mode of dispossal - S. 482 Cr.P.C.SC :: High Court in it's order not setting out full facts of the case and the circumstances in which the complaint was filed, nor discussing the parameters as indicated by Supreme Court in Bhajan Lal Case, 1992 Supp (1) SCC 335 to quash the proceedings before…
NISHANT
NISHANT MEHROTRA 31 Jan 2018 10:21am
When bank can be absolved of its liability to honour letters of credit.
1670 0 0
SC :: When bank can be absolved of its liability to honour letters of credit.Bank is liable to make payment against letters of credit, however subject to fulfillment of the condition precedent for Making payment as agreed between the parties that the goods supplied shall be of quality conforming to either original agreement or letters of credit.As…
NISHANT
NISHANT MEHROTRA 30 Jan 2018 5:24pm
Bargaining For Votes - what constitutes such offence.
1253 0 0
SC :: Bargaining For Votes - what constitutes such offence.Representation of the people Act, 1951, S.123. A bargain for the purposes of this  section does not mean that the voter accepts it in  the sense that he promises to vote. It is enough if the candidate or his agent makes the gift or promise on that condition. If a candidate or his…
NISHANT
NISHANT MEHROTRA 28 Jan 2018 5:34pm
SC on Power to refer parties to Arbitration
1430 0 0
SC :: Power to refer parties to Arbitration.If there is record of disputing the no claim certificate contemporaneous with its submission, or soon thereafter, the court will be more inclined to believe that the party was coerced into accepting the payment.Case:R. R. Constructions Vs. St. Ann's Co-operative Group Housing Society.
NISHANT
NISHANT MEHROTRA 26 Jan 2018 7:38pm
Nonperforming Asset - interpretation of Section 2(o) SARFAESI Act and RBI circular
1457 0 0
MP HIGH COURT, in M/S Samarth Infrabuild vs Bank Of India, relying on judgment of Delhi High Court  in Dr.Yashwant Singh & Anr. V/s. Indian Bank & Anr., interpreting Section 2(o) SARFAESI Act and RBI circular, held:(1) It is not as if it is not within the jurisdiction of the Bank to determine whether the account of the Bank is a NPA or…
NISHANT
NISHANT MEHROTRA 26 Jan 2018 3:23pm
Acquittal in rape case - delay in lodging FIR.
2499 0 0
Bombay HC :: Acquittal in rape case - delay in lodging FIR.Sole testimony of prosecutrix - Reliability Prosecution case that appellant repeatedly committed sexual  intercourse with prosecutrix which led to cause her pregnancy - Delay of 6-7 months in lodging FIR - Explanation given that as accused has put victim under fear of causing serious bodily…
NISHANT
NISHANT MEHROTRA 26 Jan 2018 9:08am
Dishonour of cheque due to closure of bank account - Two different situations
12298 0 0
Kerela High Court :: Dishonour of cheque due to closure of bank account - Two different situations:a)where a person after issuing a cheque to another, closes that account :: This situation, apart from the fact that it may invite another offence, would certainly be an offence under Section 138 of the N.I Actb)where a person after closing the account…
NISHANT
NISHANT MEHROTRA 26 Jan 2018 12:32am
No maintenance if wife fails to prove she is staying away from husband on justifiable ground
1115 0 0
Orrisa High Court :: in Babuli @ Rajkishore Rana vs Prasanti @ Purnamasi Rana And Anr. :: Application u/s 482 CrPC againt the order passed by the Addl. District and Sessions Judge, Nayagarh in Criminal Revision No. 16 of 2002 wherein he dismissed the revision against the order awarding maintenance u/s 125 CrPC. ::Held :: No specific instance of mental…
NISHANT
NISHANT MEHROTRA 25 Jan 2018 10:48pm
Can NCLT appoint a RP sans Committe of Creditor's vote?
1118 0 0
NCLT Hyderabad Bench has appointed a Resolution Professional (RP) who was not recommended by the Committee of Creditors, for a company under moratorium. The Financial Creditors of Deccan Chronicle Holdings Limited had sought to replace their RP KK Rao, and had held a vote to decide on his successor. None of the three candidates being considered secured…
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