Advocate Sushila
Advocate Sushila Ram 12 Jun 2021 2:35pm
NCLAT REITERATES RETROSPECTIVE EFFECT OF INELIGIBILITY CRITERIA OF RESOLUTION APPLICANT
1540 0 0
The Hon’ble National Company Law Appellate Tribunal (‘#NCLAT’) in the case of Martin S.K. Golla vs. Wig Associates Pvt. Ltd. [CA (AT) (Ins.) No. 121/2019], vide its Judgment dated 04-06-2021 held that #ineligibility to submit #resolutionplan under #Section29A of the Insolvency and Bankruptcy Code, 2016 (‘#IBC’) attaches at the time when the resolution…
Advocate Sushila
Advocate Sushila Ram 29 May 2021 10:55pm
INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE), RULES, 2021: RECENT CHALLENGES
1524 0 0
Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021 (“#InformationTechnologyRules, 2021”) have been notified vide Notification dated 25-02-2021 by the Ministry of Electronics and Information Technology (“#MEIT”). The Information Technology Rules, 2021 was framed in exercise of powers under Section 87 (2) of the…
Advocate Sushila
Advocate Sushila Ram 29 May 2021 10:46pm
DELHI HIGH COURT REFUSES TO GRANT ANTI-SUIT INJUNCTION AGAINST FOREIGN COURT PROCEEDINGS
721 0 0
The Hon’ble Justice C. Hari Shankar of the #DelhiHighCourt has in a recent case of Raaj Unocal Lubricants Limited Vs Apple Energy Pvt Ltd & Anr passed a Judgment dated 25-05-2021 and decided upon the issue of grant of #antisuit #injunction against #foreigncourt proceedings in #trademark #infringement matter.To read more, please visit the link below:https://theindianlawyer.in/delhi-high-court-refuses-to-grant-anti-suit-injunction-against-foreign-court-proceedings/#delhihighcourt…
Advocate Sushila
Advocate Sushila Ram 29 May 2021 10:37pm
SUPREME COURT HOLDS HACKING AND DATA THEFT ARE OFFENCES UNDER THE INDIAN PENAL CODE
4138 0 0
The Vacation Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dinesh Maheshwari and Aniruddha Bose passed an Order dated 18-05-2021 in the case of Jagjit Singh v. The State of Punjab {Special Leave to Appeal (Crl. No(s). 3583/2021} and held that apart from being liable under the provisions of the Information Technology Act, 2005 (#IT…
Advocate Sushila
Advocate Sushila Ram 22 May 2021 8:31pm
SUPREME COURT HOLDS THAT COURTS SUPERIOR TO MAGISTRATE HAVE POWER TO ORDER REMAND OF THE ACCUSED
940 0 0
The Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Uday Umesh Lalit and KM Joseph passed a Judgment dated 12-05-2021 in the case of Gautam Navlakha v. National Investigation Agency {2021 SCC OnLine SC 382} and held that the courts superior to that of the Magistrate can also exercise power under Section 167 Code of Criminal…
Advocate Sushila
Advocate Sushila Ram 22 May 2021 11:48am
DELHI HIGH COURT ALLOWS ALCOHOL TESTING OF AVIATION PERSONNEL FOR PASSENGER SAFETY
555 0 0
The Hon’ble Bench of the #HighCourt of #Delhi in the case of Air Traffic Controllers Guild (India) v Union of India & Others [W.P.(C) 2946/2020], vide its #Judgment dated 11.05.2021 held that testing #aircraft #pilots, #cabincrew and #airtrafficcontrollers for #alcohol cannot be completely exempted as it could be detrimental to #passenger #safety.To…
Advocate Sushila
Advocate Sushila Ram 22 May 2021 11:35am
SUPREME COURT DISMISSES PETITIONS CHALLENGING INVOCATION OF INSOLVENCY PROCEEDINGS AGAINST PERSONAL GUARANTORS
558 0 0
A two-Judge Bench of the #SupremeCourt comprising of J. L. Nageswara Rao and J. S. Ravindra Bhat, has in a recent case of Lalit Kumar Jain vs Union of India and Others Transferred Case (Civil) No. 245/2020 passed a #Judgment dated 21-05-2021 and upheld the #validity of the Impugned #Notification dated 15-11-2019 issued by the Ministry of Corporate…
Advocate Sushila
Advocate Sushila Ram 15 May 2021 7:28pm
SUPREME COURT HOLDS THAT AN ARBITRAL AWARD CANNOT BE INTERFERED IF THERE NO ERROR APPARENT ON THE FACE OF THE RECORD
775 0 0
The 3-Judges Bench of the Hon’ble #SupremeCourt of India in the case of NTPC Ltd vs M/s Deconar Services Pvt. Ltd. (CA No. 6484 of 2014), vide its Judgment dated 04.03.2021 reiterated and held that there has to be an #error apparent on the face of the record for the Court to interfere with an #arbitralaward and findings thereon.To read more, please…
Advocate Sushila
Advocate Sushila Ram 15 May 2021 7:13pm
DELHI HIGH COURT HOLDS REGISTRATION OF DESIGN INVALID DUE TO PRIOR PUBLICATION
746 0 0
The #DelhiHighCourt has in a matter of M/S Kamdhenu Limited vs M/S Aashiana Rolling Mills Ltd passed a Judgement dated 12-05-2021, where the High Court decided upon the issue of Defendant’s alleged Einfringement of Plaintiff’s registered #design.To read more, please visit the link below:https://theindianlawyer.in/delhi-high-court-holds-registration-of-design-invalid-due-to-prior-publication/#delhihighcourt…
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