Chandan Goswami 11 Nov 2019 1:12pm
Sole Proprietorship and Insolvency and Bankruptcy Code, 2016
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A sole proprietorship firm cannot initiate insolvency proceedingsThe NCLT, New Delhi has recently held in R.G Steels v. Berrys Auto Ancillaries (P) Ltd. IB-722/ND/2019 that a sole proprietorship form cannot initiate insolvency proceedings against another company.  It is a trite law that a sole proprietorship firm cannot sue or be sued in its own…
Chandan Goswami 11 Nov 2019 12:20pm
Indian laws whose times have come, and gone
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We may not be aware of them in our busy days, but a number of ancient and archaic laws are still active and in force today. Many of these laws, enacted during British rule, have no relevance in modern society, but have not been repealed. Now, in a bid to repeal these laws, a Bill has been introduced in Parliament.Laws such as the Ganges toll Act, Sheriff’s…
Chandan Goswami 11 Nov 2019 12:15pm
Morality and Law
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Judicial independence, rule of law, judicial discretion, these are derivative applications of the notion of justice which is understandable once the primary application of justice to matters of distribution and compensation is understood.Often we have heard that judges should decide cases according to justice and not according to the law. But what…
Chandan Goswami 11 Nov 2019 12:15pm
Accord and Satisfaction
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ACCORD AND SATISFACTIONA contract may be discharged by the parties thereto by a substituted agreement and thereafter the original cause of action arising under the earlier contract is discharged and the parties are governed only by the terms of the substituted contract. The ascertainment of the intention of the parties is essentially a question of…
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