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LEXSTREET ADVISORS LLP

INSOLVENCY MATTER -LATEST  CIRCULAR OF IBBI
Insolvency & Bankruptcy Board of India, vide its circular no. IP/004/2018 dated 16.01.2018, clarified that Insolvency Professional shall render services for a fee which is reasonable reflection of his work, raise bills & invoices in his own name towards such…

Bhumesh
Bhumesh Verma 18 Jan 2018

Due Diligence - a primer for beginners
Due diligence is the heart and soul of any corporate merger & acquisition (M&A) transaction and very decisive step that is often flouted by the companies due to its perception of being an arduous task.What is a due diligence?In a…

NISHANT
NISHANT MEHROTRA 17 Jan 2018

Function of the Judge under S.227 CrPC explained.
SC :: Function of the Judge under S.227 CrPC explained.Held, he cannot act merely as  a post offoce or mouthpiece of the prosecution - He has to sift and weigh the evidence for the limited purpose of finding out whether…

NISHANT
NISHANT MEHROTRA 17 Jan 2018

Further Investigation can be ordered despite acceptance of police report that no case is made out.
Madras High Court :: Further Investigation can be ordered despite acceptance of police report that no case is made out.Further investigation - Order by Magistrate - After acceptance of police report u/S.173(2) CrPC to the effect that "crime not detected"…

NISHANT
NISHANT MEHROTRA 17 Jan 2018

Proceedings can't be quashed merely because Judge did not have jurisdiction.
SC :: Proceedings can't be quashed merely because Judge did not have jurisdiction.Ss.3 and 4 - Special Judge- Even if City Civil Judge was found to be not empowerd by issuing notification under S.3(1) to try a particular criminal case,…

NISHANT
NISHANT MEHROTRA 17 Jan 2018

Prosecution case of giving money to person who acted as Prevention of Corruption - Conviction of the conduit under S.7 - Appreciation of evidence
SC :: Conviction in corruption case set aside - S.7 - Bribe - Prosecution case of giving money to person who acted as a conduit for handing over the same to the official concerned - Conviction of the conduit under…

NISHANT
NISHANT MEHROTRA 16 Jan 2018

DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted
SC :: DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted.DNA test report - Evidentiary value - Dead body of female found near railway tracks - Report of DNA test…

NISHANT
NISHANT MEHROTRA 16 Jan 2018

IBC 2016 - Where no debt is outstanding against corporate debtor and the committee of creditors recommended closing insolvency proceeding, the resolution plan submitted by the Insolvency resolution professional is to be accepted and insolvency proceeding is to be closed
NCLT (Kolkata Bench) :: in Parker Hannifin India (P.) Ltd. vs. Prowess International (P.) Ltd. :: Insolvency and Bankruptcy Code, 2016 – Section 9 read with section 30(4) – Corporate insolvency resolution process – Initiation by operational creditor – No…

NISHANT
NISHANT MEHROTRA 15 Jan 2018

SC :: "Investigation" - Meaning of - When commences - laying of trap to ensnare committer of an apprehended crime, if part of "investigation".An SDM, to verify allegation made by PW I that accused, who was working under the SDM,…

NISHANT
NISHANT MEHROTRA 14 Jan 2018

Railway Claims Tribunal Act, 1987, Section 23, & Applicabity of Limitation Act, 1963
MADHYA PRADESH HIGH COURTKapil and others ..... Appellants Versus Union of India and others     ... Respondents[Misc. Appeal No. 4555 of 2010, decided on 18th May, 2017](i) Railway Claims Tribunal Act, 1987, Section 23-Limitation Act, 1963, Sections 5 and 29(2) - Appeal under…
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