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Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT APPLICATION UNDER ORDER IX RULE 13 CPC CAN BE ALLOWED IN CERTAIN CIRCUMSTANCES
The Two Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Ashok Bhushan and R. Subhash Reddy passed a Judgment dated 03.03.2021 in the case of Subodh Kumar v. Shamim Ahmed {Civil Appeal Nos.802-803 of 2021 (arising out…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT FALSE ALLEGATIONS AFFECTING THE REPUTATION AND CAREER OF THE HUSBAND IS MENTAL CRUELTY
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy passed a Judgment dated 26.02.2021 in the case of Joydeep Majumdar v. Bharti Jaiswal Majumdar (Civil Appeal Nos. 3786-3787…

Advocate Sushila
Advocate Sushila Ram 28 Feb 2021

<b>supreme</b> <b>Court</b> HELD THAT HINDU WOMAN CAN ENTER INTO A FAMILY SETTLEMENT WITH HER PARENTAL SIDE HEIRS
Recently, the #supremeCourt of India in the case of Khushi Ram v. Nawal Singh [2021 SCC Online SC 128], vide its Judgment dated 22.02.2021, held that a #Hindu widow can enter into a #familysettlement with the descendants on her parental…

Advocate Sushila
Advocate Sushila Ram 14 Feb 2021

<b>supreme</b> <b>Court</b> HOLDS THAT BAR ON DEFAULT PROVISIONS UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016 APPLIES RETROSPECTIVELY
An Ordinance was promulgated by the President of India on 05.06.2020 by which Section 10A was inserted into the Insolvency and Bankruptcy Code, 2016 (“#IBC”).To read more, please visit the link below:http://www.theindianlawyer.in/blog/2021/02/14/supreme-Court-holds-that-bar-on-default-provisions-under-the-insolvency-and-bankruptcy-code-2016-applies-retrospectively/#insolvency…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS MONEY LAUNDERING HAS TO BE RECORDED UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices S.A. Bobde, A.S.Bopanna and V. Ramasubramanian passed a Judgment dated 03.02.2021 in the case of OPTO Circuit India Ltd. v. Axis Bank & Ors. {CRIMINAL APPEAL NO.102…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS COLLUSIVE AND SHAM TRANSACTIONS WITH CORPORATE DEBTOR NOT CONSIDERED AS FINANCIAL DEBT
The Three Judge Bench of the #supremeCourt has in a recent case of Phoenix Arc Private Limited vs Spade Financial Services Limited & Ors. passed a Judgment dated 01-02-2021 and held that firstly, as the Respondents are not #financialcreditors and…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT HOME BUYERS CAN FILE INSOLVENCY PROCEEDINGS IF THEY CONSIST OF TEN PERCENT OF THE ALLOTTEES IN THE PROJECT
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Rohinton Fali Nariman, Navin Sinha and K.M. Joseph passed a Judgment dated 19-01-2021 in the case of Manish Kumar v. Union of India and Another (Civil Original…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT ORDER OF DISMISSAL OF A WORKMAN CANNOT BE SET ASIDE EVEN IF DISCIPLINARY PROCEEDINGS ARE NOT CONDUCTED
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra passed a Judgment dated 20-01-2021 in the case of State of Uttarakhand & Ors. v. Smt. Sureshwati {Civil Appeal…

Advocate Sushila
Advocate Sushila Ram 16 Jan 2021

<b>supreme</b> <b>Court</b> REITERATES THE PRINCIPLES OF DOCTRINE OF SEPARABILITY OF ARBITRATION CLAUSE IN CONTRACTS
The #supremeCourt has in a recent case of M/S. N.N. Global Mercantile Pvt. Ltd. Vs M/S. Indo Unique Flame Ltd. and Others passed a Judgment dated 11-01-2021 and reiterated the principles of #Doctrine of #Separability of #arbitration clauses/#agreements.To read more,…

Advocate Sushila
Advocate Sushila Ram 16 Jan 2021

<b>supreme</b> <b>Court</b> GRANTS INTERIM STAY ON THE IMPLEMENTATION OF THE FARM LAWS
The #Farmers #Agitation that started on 09.08.2020 and continues till today against the three Laws, which are (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (2) Essential Commodities (Amendment) Act, 2020 (3) Farmers (Empowerment and Protection) Agreement…
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