About 1554 results

NISHANT
NISHANT MEHROTRA 26 Jan 2018

Nonperforming Asset - interpretation of Section 2(o) SARFAESI Act and RBI circular
MP HIGH COURT, in M/S Samarth Infrabuild vs Bank Of India, relying on judgment of Delhi High Court  in Dr.Yashwant Singh & Anr. V/s. Indian Bank & Anr., interpreting Section 2(o) SARFAESI Act and RBI circular, held:(1) It is not…

NISHANT
NISHANT MEHROTRA 26 Jan 2018

Acquittal in rape case - delay in lodging FIR.
Bombay HC :: Acquittal in rape case - delay in lodging FIR.Sole testimony of prosecutrix - Reliability Prosecution case that appellant repeatedly committed sexual  intercourse with prosecutrix which led to cause her pregnancy - Delay of 6-7 months in lodging…

NISHANT
NISHANT MEHROTRA 26 Jan 2018

Dishonour of cheque due to closure of bank account - Two different situations
Kerela High Court :: Dishonour of cheque due to closure of bank account - Two different situations:a)where a person after issuing a cheque to another, closes that account :: This situation, apart from the fact that it may invite another…

NISHANT
NISHANT MEHROTRA 26 Jan 2018

No maintenance if wife fails to prove she is staying away from husband on justifiable ground
Orrisa High Court :: in Babuli @ Rajkishore Rana vs Prasanti @ Purnamasi Rana And Anr. :: Application u/s 482 CrPC againt the order passed by the Addl. District and Sessions Judge, Nayagarh in Criminal Revision No. 16 of 2002…

NISHANT
NISHANT MEHROTRA 25 Jan 2018

Can NCLT appoint a RP sans Committe of Creditor's vote?
NCLT Hyderabad Bench has appointed a Resolution Professional (RP) who was not recommended by the Committee of Creditors, for a company under moratorium. The Financial Creditors of Deccan Chronicle Holdings Limited had sought to replace their RP KK Rao, and…

NISHANT
NISHANT MEHROTRA 25 Jan 2018

Oppression/Mismanagement
NCLT Mumbai Bench :: In Pawan Kumar Kanodia vs. Kanodia Tex Industries :: Companies Act, 1956 – Section 399 read with section 397/398 – Oppression/Mismanagement ::(A) Where the petitioner has failed to demonstrate that he has requisite number of shareholding…

NISHANT
NISHANT MEHROTRA 25 Jan 2018

When can the Issue on jurisdiction of civil court be tried?
SC :: Civil Suit — Jurisdiction/Jurisdictional Error — Issue on jurisdiction — When can be tried — Decision on jurisdiction — When is mandatory: The issue of jurisdiction which goes to the root of the case, if found involved has…

NISHANT
NISHANT MEHROTRA 25 Jan 2018

IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017 notified
The Insolvency and Bankruptcy Board of India, in exercise of powers conferred under Sections 196, 217 r/w Section 240 of I&B Code, 2016, has put forth certain regulations, called the ‘Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling…

NISHANT
NISHANT MEHROTRA 25 Jan 2018

Effect of delay caused due to arbitrator not entering upon reference
SC :: in Visakhapatnam Port Trust v. Continental Construction Co. :: Arbitration and Conciliation Act 1996 - Section 37 – Limitation – Period of limitation for initiating arbitration proceeding – Effect of delay caused due to arbitrator not entering upon reference –…

NISHANT
NISHANT MEHROTRA 25 Jan 2018

A winding up petition is not a legitimate means of seeking to enforce payment of the debt which is bona fide disputed by the company.
SC :: in Amalgamated Commercial Traders (P.) Ltd. vs. A.C.K. Krishnaswami and Anr. :: A petition presented ostensibly for a winding up order but really to exercise pressure will be dismissed, and under circumstances may be stigmatized as a scandalous abuse of…
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