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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…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT INCORPORATING ONE SIDED AND UNREASONABLE CLAUSES IN A BUILDER BUYER’S AGREEMENT CONSTITUTES AN UNFAIR TRADE PRACTICE
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed a Judgment dated 11-01-2021 in the case of Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna &…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT A CONDITIONAL CONTRACT IS CONCLUDED WHEN THE CONDITION IS ACCEPTED ABSOLUTELY
Recently, the #supremeCourt of India in the case of Padia Timber Company (P) Ltd. v. Visakhapatnam Port Trust (2021 SCC Online SC 1), vide its Judgment dated 05-01-2021 held that the #acceptance of a #conditionaloffer with a further #condition results…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT FIXING NOTIONAL INCOME FOR A HOMEMAKER IS IMPERATIVE FOR SOCIAL EQUALITY
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices NV Ramana, S Abdul Nazeer and Surya Kant passed a Judgment dated 05-01-2021 in the case of Kirti & Anr. Etc. v. Oriental Insurance Company Ltd. {Civil…

Advocate Sushila

<b>supreme</b> <b>Court</b> REITERATES PRINCIPLES OF EXERCISE OF WRIT JURISDICTION IN CASE OF ARBITRABLE DISPUTES
The #supremeCourt has in a recent case of Bhaven Construction Vs Executive Engineer Sardar Sarovar Narmada Nigam Ltd. and Anr passed a Judgment dated 06-01-2021 and reiterated the principles of exercise of #writ #jurisdiction by #HighCourt in a case where…

Advocate Sushila
Advocate Sushila Ram 21 Dec 2020

<b>supreme</b> <b>Court</b> HOLDS THAT LEASE DISPUTES ARE ARBITRABLE IF NOT GOVERNED BY A SPECIAL STATUTE
The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the #Courts in India. However, the Act does not…
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