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Chandan Goswami

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 read more


Chandan Goswami

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 read more


Chandan Goswami

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 read more


Chandan Goswami

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 read more


Anuj Malhotra

The five-judge Constitution Bench that delivered the judgment in the Ayodhya case said that while Muslims never lost possession of the disputed land, they could not assert the right of adverse possession read more


NISHANT MEHROTRA

SC :: Penal Code, 1860 — Ss. 405 and 415 — Criminal breach of trust and cheating: Law recognises difference between simple payment/investment of money and entrustment of money or property. Mere breach read more


NISHANT MEHROTRA

SC :: Motor Vehicles Act, 1988 Section 173(1) No appeal to be entertained by the High Court unless the person has deposited a sum of Rs. 25,000/- or 50% of the amount awarded whichever is less - Direction read more


NISHANT MEHROTRA

NCLAT :: An application under Section 230 to 232 of the Companies Act, 2013, for Compromise and Arrangement with creditors is maintainable during the pendency of the liquidation proceedings under the read more


NISHANT MEHROTRA

NCLAT :: Companies Act, 2013 - Sections 241 and 242 - Tribunal/Appellate Tribunal - Jurisdiction to interfere with Board's decision - The essence of section 241/242 would be defeated if during the pendency read more


Anuj Malhotra

Banks will likely have window to scout for prospective buyers of stressed assets for their expeditious resolution even before the bankruptcy process is initiated. This facility is set to be in place as read more


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