[13 July 2022] The Supreme Court observed that it is not mandatory for the Adjudicating Authority to admit an application to initiate Corporate Insolvency Resolution Process even if a debt existed and the corporate debtor is in default. However,

[12 July 2022] The Supreme Court, on Monday, held that law pertaining to setting-off of the period of detention undergone by accused against their sentence under Section 428 of the Cr.P.C. would not have extra-territorial application to trial and conviction,

[12 July 2022] The Supreme Court observed that a separate bail application need not be insisted while considering the application under Section 88, 170, 204 and 209 of the Code of Criminal Procedure. "There need not be any insistence of a

[12 July 2022] The Supreme Court observed that a writ petition/Revision Petition under Article 227 of Constitution of India ought not to be entertained when a statutory alternative remedy by way of an appeal is available. The bench comprising Justices

[12 July 2022] The Supreme Court observed that the tendering of affidavits and undertakings containing false statement would amount to contempt of court. A person who makes a false statement before the Court and makes an attempt to deceive the

[11 July 2022] The Supreme Court observed that when a person secures appointment on the basis of a false caste certificate, he cannot be permitted to retain the benefit of wrongful appointment. In this case, the employee obtained a Caste Certificate

[13 July 2022] The Supreme Court observed that continuous readiness and willingness on the part of the Plaintiff is a condition precedent for grant of the relief of Specific Performance. The court added that there is a distinction between readiness

[14 July 2022] The Supreme Court, on Wednesday, held that when the Juvenile Justice Board does not comprise a practicing professional with a degree in child psychology or child psychiatry, it would be obligated to take assistance of experienced psychologists

[14 July 2022] for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. However, the delay in moving such applications must be sufficiently justified. A single bench

[14 July 2022] The Karnataka High Court has said that Section 468(2)(c) of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from

[15 July 2022] The Supreme Court observed that merely because discovery of weapon was at the instance of accused, it does not mean he had concealed or used it. The bench observed thus while considering an appeal filed by a murder

[15 July 2022] Remarking that where a woman has willingly been staying with a man and had a relationship with him, and if the relationship is not working out now, the same cannot be a ground for lodging an FIR

[08 July 2022] The Karnataka High Court has ruled that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement

[07 July 2022] The Delhi High Court has held that amendments to a patent specification or claims prior to grant ought to be construed more liberally than narrowly. It added that the only consideration that must be kept in mind

[05 July 2022] The High Court of Delhi has held that in an action for infringement of a trademark once it is shown that essential features of the trademark are adopted by the defendant, the difference in layout, packaging etc.

[05 July 2022] The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Mr. Kanthi Narahari (Technical Member), while adjudicating an appeal filed in Beauty Etiole Pvt. Ltd. v C. Sanjeevi & Ors, has

[04 July 2022] The Rajasthan High Court held that a second arbitration application would be non-maintainable when the order of the arbitrator terminating arbitral proceedings under Section 32(2)(c) was not challenged under Section 14(2) of the A&C Act. The Single Bench

[04 July 2022] The Bombay High Court reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The

Central Board of Direct Taxes amends the Notification of Government of India, Ministry of Finance No. 60/2014, published in the Gazette dated 03rd November, 2014 The Central Board of Direct Tax (CBDT) in exercise of powers conferred by section 118 of

The Ministry of Law & Justice in exercise of powers conferred by Section 84(1) read with Section 43M (4) and (5) of the Arbitration and Conciliation Act, 1996 has published a Notification G.S.R. 530(E) dated 09th July 2022 , thereby,

The Ministry of Corporate Affairs (MCA) has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 (“Rules”) vide Notification No. G.S.R. 439(E) dated 10th June 2022, thereby amending Rule 6 and inserting a provision, allowing restoration of Independent Directors

In a recent attempt to improve the handling of grievance and complaint raised before the Insolvency and Bankruptcy Board of India (“IBBI”), a Notification No. IBBI/2022-23/GN/REG086, dated 14th June, 2022 has been published in the IBBI, thereby amending the Insolvency