Recent News
Bank of Baroda – on behalf of CoC – Veda Biofuel Ltd
NCLAT observed that it is the settled law of land that the approval of the Resolution Plan depending upon various factors including feasibility, viability, financial matrix and distribution mechanism rests upon the business decision taken by the Committee of Creditors...
Qui non habet potestatem alienandi, habet necessitatem retinendi
Meaning He who has not the power of alienating is under the necessity of retaining. Explanation Alienation in legal parlance is defined as transfer of ownership of property rights. Ownership of property rights can be transferred as per the provisions of the Transfer...
GP Capt Atul Jain Vs. Tripathi Hospital Pvt Ltd held Whatsapp conversation not proof for legally enforceable debt
The Adjudicating Authority, NCLT, Allahabad Bench has observed in para 11 of the final order passed in CP No (IB) 457/ALD/2019 that mere plain reading of provisions shows that the financial debt means the debt alongwith interest, if any, which is disburse against the...
Shri Ramchandra D Chaudhary Vs. CIT – NCLT Ahmedabad directs to remove attachment/lien on Bank Accounts
NCLT held that it is to be remembered that the time is the essence of the code and CIRP has to be completed in time bound manner and, as such, if the attachment of Bank Account is not removed by the Income Tax Commissioner in that event the very object of the 1B Code...
Union of India Vs. Bal Mukund & others – confessional statement of co-accused cannot be substantive evidence
SUPREME COURT OF INDIAFULL BENCH( Before : S. B. Sinha, J; Mukundakam Sharma, J; H. L. Dattu, J )Criminal Appeal No. 1397 of 2007Decided on : 31-03-2009 (2009) 67 ACrC 394 : (2009) 2 AICLR 667 : (2009) AIR(SCW) 2604 : (2009) Sup AIR(SC) 1811 : (2009) ALLMR(Cri) 1570 :...
S.Kasi Vs. State Through The Inspector Of Police Samaynallur Police Station Madurai District
The Hon'ble Supreme Court of India in the case of S.KASI Vs. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT, held that the accused was entitled for grant of the default bail since the prosecution filed to file the charge-sheet with...
Ritu Rastogi, RP of Benlon India Ltd Vs. Riyal Packers
National Company Law Appellate Tribunal At New DelhiCompany Appeal (AT) (Insolvency) No. 482 of 2020 The ‘resolution plan’ of Resolution Applicant has been approved by the ‘Committee of Creditors’ along with the process of approval of the Resolution Plan by CoC was...
Calcutta High Court extends all Interim Orders till 30-09-2020
The Court on its own motion has extended all interim orders in the High Court at Calcutta and Courts subordinate to it including the Tribunals within the State of West Bengal and Union Territory ofAndaman & Nicobar Islands during the prevailing COVID-19 situation...
M.H. Uma Maheshwari and Others Vs. United India Insurance Co. Ltd. and Another
SUPREME COURT OF INDIAFULL BENCH (Before : N.V. Ramana, R. Subhash Reddy and Surya Kant, JJ. )Civil Appeal No. 2558 of 2020 [Arising out of S.L.P.(C) No.19221 of 2018]Decided on : 12-06-2020 M.H. UMA MAHESHWARI AND OTHERS — Appellant Vs. UNITED INDIA INSURANCE CO....