About 1557 results

NISHANT
NISHANT MEHROTRA 21 Oct 2019

Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute or pendency of suit or arbitration proceedings such delay in execution cannot be noticed to deny admission of application under section 9 IBC
NCLAT :: Insolvency and Bankruptcy Code, 2016- section 5(6) read with sections 8 and 9 - Dispute - Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of…

NISHANT
NISHANT MEHROTRA 21 Oct 2019

Election dispute in a company involving voting under rule 20 of the Companies Management and Administration Rules would not lie before the Civil Court but only before the NCLT
Madras High Court :: Companies Act, 2013 – Sections 241 and 242 read with sections 420 to 430 and with rule 20 of Companies (Management and Administration) Rules, 2014 – Interpretation of statutes – Scope and jurisdiction of National Company…

NISHANT
NISHANT MEHROTRA 20 Oct 2019

In a case for oppression and mismanagement, the paramount consideration of the Tribunal is to keep in view as to what is in the interest of the company, the interest of the parties being subservient to interest of company
NCLAT :: Companies Act, 2013 - Sections 241 and 242 - Order that can be passed in - Oppression/Mismanagement - Petition for relief against -Where NCLT was not articulate in directing the petitioners to sell their entire shareholding held in…

Anuj
Anuj Malhotra 18 Oct 2019

Apple iTunes Can Request Personal Info with Credit Card Payment
The California Supreme Court ruled on February 4, 2013 that the provisions of the Song-Beverly Credit Card Act, which prohibits the collection of "personal identification information" as a condition of credit card payment, does not apply to online retailers selling…

Anuj
Anuj Malhotra 16 Oct 2019

Without encryption, we will lose all privacy. This is our new battleground  . By:Edward Snowden
 In every country of the world, the security of computers keeps the lights on, the shelves stocked, the dams closed, and transportation running. For more than half a decade, the vulnerability of our computers and computer networks has been ranked the…

NISHANT
NISHANT MEHROTRA 14 Oct 2019

When can a Corporate Debtor, against whom morotorium under IBC was passed, file suit or legal proceedings for recovery of money.
NCLAT - When can a Corporate Debtor, against whom morotorium under IBC was passed, file suit or legal proceedings for recovery of money.Held :: From clause (d) of Section 11, it is clear that a ‘Corporate Debtor’ in respect of…

NISHANT
NISHANT MEHROTRA 11 Oct 2019

Section 4, SIC Repeal Act, 2003 - Application filed in a modified Form-6, it cannot be treated as a proceeding under Section 10 of Insolvency and Bankruptcy Code.
NCLAT :: Section 4, SIC Repeal Act, 2003 - Application filed in a modified Form-6, it cannot be treated as a proceeding under Section 10 of Insolvency and Bankruptcy Code. Held :: No Form has been prescribed even for initiation…

NISHANT
NISHANT MEHROTRA 27 Sep 2019

The accused to explain as to how his cheque entered into the hands of the complainant.
SC :: Section 138 Negotiable Instruments Act - The accused to explain as to how his cheque entered into the hands of the complainant. Held: Original appellant/accused has not even explained how the leaves of the cheque entered into the…

Adv. Avani
Adv. Avani Bansal 26 Sep 2019

'Survivor in Jail, Rape Accused In Hospital' : The curious case of Chinmayanand Case
1) If the Extortion case against the girl is genuine, why did Chinmayanand not inform the police earlier and file a FIR? Why wait for all the allegations of rape, girl releasing her video before claiming extortion?2) Why hasn't Chinmayanand…

NISHANT
NISHANT MEHROTRA 16 Sep 2019

Section 138 NI Act - Handing over of the cheque by way of security per se will not extricate the accused from the discharge of liability arising from such cheque
SC :: Section 138 NI Act - Handing over of the cheque by way of security per se will not extricate the accused from the discharge of liability arising from such cheque.Facts:High Court had quashed the case. It had mainly…
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