Mr. Barun Mitra of the National Company Law Appellate Tribunal, New Delhi, recently held that Section 10A of the Insolvency and Bankruptcy Code, 2016 is not applicable to proceedings against personal guarantors under Section 95 of the Code. The App ..
The Supreme Court ruled that the 2018 amendment to the Specific Relief Act is prospective and cannot apply to transactions that occurred before its effective date [1.10.2018]. While hearing an appeal arising from a specific performance suit, the be ..
The Supreme Court observed that the offence of Criminal Conspiracy under Section 120B of the Indian Penal Code requires some kind of physical manifestation of agreement to commit an offence. In this case, all of the accused were employees of the Ce ..
Supreme Court ruled that breach of contractual terms don’t Ipso Facto constitute the offence without there being a clear case of entrustment. The bench of Justices Dhananjaya Y Chandrachud and A S Bopanna was dealing with the case of M N G Bha ..
The apex Court recently held that the inherent powers of the court under section 151 of the Code of Civil Procedure (CPC) can only be applicable if there is no alternate remedy available in accordance with the law. Section 151 of the Code of Civil P ..
The apex court noticed that at times the accused have hesitancy in accepting their conviction under a particular offence which may lead to other civil consequences. The reluctance of accused persons to avail "plea bargaining" option due to ..
When considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the averments in the plaint alone are to be examined. In this case, the High Court of Karnataka granted the defendant's revision petition but dismissed the pla ..
The National Company Law Appellate Tribunal ("NCLAT"),adjudicated an appeal filed in Somesh Choudhary v Knight Riders Sports Private Limited &Ors. And has held that claims arising out of grant of an exclusive right and license to use ..
● It went into effect on March 6, 2017, with the goal of simplifying and expediting trademark administration. These Rules emphasised digitalization of the entire process, including digital filing and electronic communication. The Trade Mark Rules, ..
The Supreme Court ruled that a consumer complaint in a dispute involving the bank's premature encashment of a Joint Fixed Deposit in violation of the terms and conditions is maintainable. A person who uses a bank's services falls under the ..
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