NISHANT
NISHANT MEHROTRA 21 Oct 2019

Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute, admission of application under section 9 IBC cannot be denied
NCLAT :: Insolvency and Bankruptcy Code, 2016- section 5(6) read with sections 8 and 9 - Dispute - Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute or pendency of suit or arbitration proceedings such delay in execution cannot be noticed to…
NISHANT
NISHANT MEHROTRA 21 Oct 2019

Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute or pendency of suit or arbitration proceedings such delay in execution cannot be noticed to deny admission of application under section 9 IBC
NCLAT :: Insolvency and Bankruptcy Code, 2016- section 5(6) read with sections 8 and 9 - Dispute - Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute or pendency of suit or arbitration proceedings such delay in execution cannot be noticed to…
NISHANT
NISHANT MEHROTRA 21 Oct 2019

Election dispute in a company involving voting under rule 20 of the Companies Management and Administration Rules would not lie before the Civil Court but only before the NCLT
Madras High Court :: Companies Act, 2013 – Sections 241 and 242 read with sections 420 to 430 and with rule 20 of Companies (Management and Administration) Rules, 2014 – Interpretation of statutes – Scope and jurisdiction of National Company Law Tribunal in deciding election disputes – Election would become oppression when it goes against the interest…
NISHANT
NISHANT MEHROTRA 20 Oct 2019

In a case for oppression and mismanagement, the paramount consideration of the Tribunal is to keep in view as to what is in the interest of the company, the interest of the parties being subservient to interest of company
NCLAT :: Companies Act, 2013 - Sections 241 and 242 - Order that can be passed in - Oppression/Mismanagement - Petition for relief against -Where NCLT was not articulate in directing the petitioners to sell their entire shareholding held in respondent-company to the other respondents, while it was necessary to clearly identify the respondents since…
Anuj
Anuj Malhotra 18 Oct 2019

Apple iTunes Can Request Personal Info with Credit Card Payment
The California Supreme Court ruled on February 4, 2013 that the provisions of the Song-Beverly Credit Card Act, which prohibits the collection of "personal identification information" as a condition of credit card payment, does not apply to online retailers selling products that are downloaded electronically.The case is Apple, Inc. v. Superior…
Anuj
Anuj Malhotra 16 Oct 2019

Without encryption, we will lose all privacy. This is our new battleground  . By:Edward Snowden
 In every country of the world, the security of computers keeps the lights on, the shelves stocked, the dams closed, and transportation running. For more than half a decade, the vulnerability of our computers and computer networks has been ranked the number one risk in the US Intelligence Community’s Worldwide Threat Assessment – that’s higher…
NISHANT
NISHANT MEHROTRA 14 Oct 2019

When can a Corporate Debtor, against whom morotorium under IBC was passed, file suit or legal proceedings for recovery of money.
NCLAT - When can a Corporate Debtor, against whom morotorium under IBC was passed, file suit or legal proceedings for recovery of money.Held :: From clause (d) of Section 11, it is clear that a ‘Corporate Debtor’ in respect of whom a liquidation order has been made is not entitled to make application to initiate ‘Corporate Insolvency Resolution Process’…
HARSHIT
HARSHIT BATRA 11 Oct 2019

rera
   Claim of Refund by Buyers & Stage of Construction   As far as the refund to the allottee is concerned, following provisions of the Real Estate (Regulation & Development) Act, 2016,(‘The Act’) need to be looked into which deals with the rights and obligations of the Allottee and Promoter;   Obligation of Promoter:  …
NISHANT
NISHANT MEHROTRA 11 Oct 2019

Section 4, SIC Repeal Act, 2003 - Application filed in a modified Form-6, it cannot be treated as a proceeding under Section 10 of Insolvency and Bankruptcy Code.
NCLAT :: Section 4, SIC Repeal Act, 2003 - Application filed in a modified Form-6, it cannot be treated as a proceeding under Section 10 of Insolvency and Bankruptcy Code. Held :: No Form has been prescribed even for initiation of ‘Fast Track Corporate Insolvency Resolution Process’ under Sections 55 and 56 of the I&B Code, in the Insolvency and Bankruptcy…
NISHANT
NISHANT MEHROTRA 27 Sep 2019

The accused to explain as to how his cheque entered into the hands of the complainant.
SC :: Section 138 Negotiable Instruments Act - The accused to explain as to how his cheque entered into the hands of the complainant. Held: Original appellant/accused has not even explained how the leaves of the cheque entered into the hands of the complainant. It is urged that in crossexamination of the complainant some suggestions were made that…
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