The holder of the Recovery Certificate would be a financial creditor under clause (7) of Section 5 of the IBC and the limitation period starts from the date of issuance of the certificate Kotak Mahindra Bank Limited vs. A. Balakrishnan & Anr., Civil Appeal No.689 of 2021 RELEVANT PARAGRAPH 84. To conclude, we hold that […]
Offence of infringement of copyright under Section 63 of the Copyright Act is a cognizable offence M/s Knit Pro International vs. The State of NCT of Delhi & Anr., Criminal Appeal No. 807 of 2022 RELEVANT PARAGRAPH 5.1 The short question which is posed for consideration before this Court is, whether, the offence under Section
Doctrine of delay and laches or for that matter statutes of limitation are considered to be statutes of repose and statutes of peace Rushibhai Jagdishchandra Pathak vs. Bhavnagar Municipal Corporation, Civil Appeal No. 4134 of 2022 RELEVANT PARAGRAPH 9. The doctrine of delay and laches, or for that matter statutes of limitation, are considered to
Doctrine of delay and laches are considered to be statutes of repose and peace Read More »
Mohd Firoz vs. State of Madhya Pradesh, Criminal Appeal No. 612 of 2019 Every saint has a past every sinner has a future: Supreme Court Commutes Death Sentence Imposed on Man for Rape & Murder of 4 year old girl 43. Considering the above, we, while affirming the view taken by the courts below with
State of Chhattisgarh & Anr. vs. M/s Sal Udyog Private Limited [Civil Appeal No. 4353 of 2010] A ground not raised in application for setting aside of arbitration award can be raised in appeal u/s 37 22. ………In our opinion, this is the patent illegality that is manifest on the face of the Arbitral Award
Ngaitlang Dhar v. Panna Pragati Infrastructure Private Limited & Ors., Civil Appeal Nos. 3665-Â3666 of 2020 “Commercial wisdom’ of the CoC has been given paramount status for ensuring completion of the CIRP processes within the timelines Brief: In the instant decision, the Hon’ble Supreme Court set aside the impugned order of the Hon’ble NCLAT interfering with the commercial wisdom
Brigade Enterprises Limited v. Anil Kumar Virmani & Ors., Civil Appeal No. 1779 of 2021 Reading “a consumer” to exclude more than one consumer has disastrous consequence Brief: In the instant appeal, the Hon’ble Supreme Court held that there is no bar against several consumers filing joint complaint and a complaint in representative capacity. For attracting the provisions of
Reading “a consumer” to exclude more than one consumer has disastrous consequence Read More »
Pani Ram v. Union of India and Ors., Civil Appeal No. 2275 of 2019 Article 14 would also apply to a man who has no meaningful choice except to sign on dotted lines Brief: While allowing the instant appeal and directing the Respondents to grant disability pension to the appellant in accordance with the rules
Kewal Krishan V. Rajesh Kumar & Ors. Etc., Civil Appeal Nos. 6989-6992 of 2021 Sale deed without any price is void and has no effect Brief: In the instant appeal, the Hon’ble Supreme Court held that payment of price is essential for a valid sale. Failing this, a sale deed is void and does not
Sale deed without any price is void and has no effect Read More »
Union of India vs. Manraj Enterprises, Civil Appeal No. 6592 of 2021 No interest awardable by arbitrator when contract forbids it Brief: The Hon’ble Supreme Court in the instant petition set aside awarding of pendente lite and future interest by arbitrator despite the agreement forbidding award of interest. The Hon’ble Court held that Section 31(7)
No interest awardable by arbitrator when contract forbids it Read More »
The Bar Council of India does not permit solicitation of work and advertising by legal practitioners and advocates. By accessing the Litigating Hand website (our website), the user acknowledges that:
