NISHANT
NISHANT MEHROTRA 16 Sep 2019

Section 138 NI Act - Handing over of the cheque by way of security per se will not extricate the accused from the discharge of liability arising from such cheque
SC :: Section 138 NI Act - Handing over of the cheque by way of security per se will not extricate the accused from the discharge of liability arising from such cheque.Facts:High Court had quashed the case. It had mainly referred to the assertion in the complaint that the security cheques were demanded in response to which the accused had issued three…
NISHANT
NISHANT MEHROTRA 16 Sep 2019

NCLAT exercises inherent powers under R. 11 of NCLAT Rules, quashes CIRP where settlement reached between parties before constitution of Committee of Creditors.
NCLAT :: Appellate Tribunal exercises inherent powers under R. 11 of NCLAT Rules, quashes CIRP where settlement reached between parties before constitution of Committee of Creditors. The Operation Creditor had filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 which was admitted by the Adjudicating Authority and Corporate…
Bivas
Bivas Chatterjee 10 Sep 2019

John Doe/Ashok Kumar Suit | How to file suit against anonymous/unknown defendant
In this article I discuss about suit against an unknown defendant which is termed as John Doe suit worldwide or Ashok Kumar Suit in India. This article expresses the format or procedure of filing a suit against anonymous/unknown defendant. This article will also divulge the latest cases of John suit or Ashok Kumar suit in India. The most important…
Bhumesh
Bhumesh Verma 9 Sep 2019

Whistleblowing in India: The Way Forward
IntroductionNon-transparency and irregular reporting to Government and market regulators has been the primary cause of corporate corruption around the world. In any corporate set-up, invariably some of the employees are well versed with the workplace activities and are also aware of any kind of misconduct taking place. Despite being the first people…
Adv. Avani
Adv. Avani Bansal 6 Sep 2019

Why Should Anyone Languish In Tihar During Investigating Stage? Is that Fair?
Watch my full debate on latest developments in Chidambaram's case in 'Face Off' with Zakka Jacob on CNN News 18 here : Imagine this. FIR is filed against you. You are under investigation. You are not even an under-trial because no  charges have been framed against you yet you are sent to Tihar. This is unfortunately the condition of our legal…
RAVI RAGHUNATH

DECRIMINALISATION OF OFFENCES U/S. 377 I.P.C.
The Supreme Court has finally upheld the plight of gay, transgenders and homosexual sections of the society after a long fought legal battle. At this stage, it is futile to debate on the moral, ethical and social aspects of this issue. Now it is pertinent that these sections must be granted equal status in the society, both legal and social. At present,…
Singh
Singh Gurmeet 4 Sep 2019

money of an accused and his son.. black or white.. legal or illegal ?
money of an accused and his son.. black or white.. legal or illegal ? in a hypothetical situation.. if as per allegation accused and his son got 300 crores in their account illegally.. if the accused and his son from their account gave 2 big senior advocates an amount of 20 crores as legal fees.. then... 1. will the money transfered to 2 big senior…
Singh
Singh Gurmeet 3 Sep 2019

Chidambaram gets daily hearings. Why not ordinary citizens? Is Justice in India only for rich and powerful?
I am shocked and disappointed by whats happening in p chidambaram matter..1. matter being heard daily.2. He is being granted everyday trial.3. 2 pm at supreme court and 3.30 at cbi court.4. Sc giving liberty to cbi which applications to be filed.5. Sc giving liberty to p chidambram lawyer which applications to be filed.6. High Priority being given…
NISHANT
NISHANT MEHROTRA 3 Sep 2019

Merely because the period fixed for liquidation is over, the proceedings for recovery of dues do not stand closed
Supreme Court :: Merely because the period fixed for liquidation is over, the proceedings for recovery of dues do not stand closed. Held :: On the termination of the liquidation proceedings, liability of the members for the debts taken by them does not come to an end. There is no such provision in the Act providing once winding up period is over, the…
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