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Insight

Courts Cannot Rewrite or Create a New Contract and Have to Simply Rely on The Terms and Conditions of The Agreement as Agreed Between the Parties

Mar 15, 2024

This was observed by the Hon’ble Supreme Court while deciding an Appeal filed against an order of the National Consumer Dispute Redressal Commission (“NCDRC”) rejecting the Appellant/ Buyer’s Application seeking termination of the Agreement and refund of the consideration. Brief background of the case, As per the terms of the contract, in case the Respondent […]

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NCLT cannot reject approval of Resolution Plan submitted by Successful Resolution Applicant being an ex-promoter, by rejecting the validity of the MSME registration obtained by Corporate Debtor post initiation of CIRP: NCLAT New Delhi

Mar 15, 2024

The Hon’ble NCLAT Delhi in the matter of Ramesh Shah in consortium with Masitia Capital Services Pvt. Ltd. v. Central Bank of India & Ors. vide its order dated February 29, 2024, allowed two Appeals preferred by the Resolution Applicant and the Resolution Professional, wherein the issues that arose for consideration were as follows: Whether […]

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Gujarat Labour Department Notifies Exemptions to IT-Enabled Services and Financial Services under Gujarat Shops and Establishments Act, 2019

Mar 15, 2024

Gujarat Labour Department issued a notification dated February 5, 2024, pertaining to the Gujarat Shops and Establishments (Regulation of Employment and Condition of Services) Act, 2019. It declares that establishments engaged in IT-enabled services and financial services shall be exempted from the following sections for a period of 2 (two) years from the date of […]

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Increased Card Network Choices for Credit Card Customers

Mar 15, 2024

The Reserve Bank of India (“RBI”) vide its notification dated March 6, 2024 (“Circular”), has directed the card issuers to provide an option to its customers to choose their preferred card network for credit cards. Further, RBI has restricted the card issuers (banks and non-banks) from entering into arrangements with card networks where they are […]

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Limitation Period to File an Appeal Before NCLAT Along with Certified Copy of the Order, Doesn’t Necessarily Expire if the Certified Copy of the Order is not Applied for Within 30 Days of the Order

Mar 15, 2024

Various appeals under section 61 of the IBC were filed before the Hon’ble NCLAT Delhi in the matter of Chanderpati v. Soni Realtors Pvt. Ltd., against the impugned order of the Adjudicating Authority (“NCLT”) that allowed the Application of the Resolution Professional (“RP”) approving the Resolution Plan submitted by the Successful Resolution Applicant. The maintainability […]

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Flat in Possession of Allottee Not to be Included in the Liquidation Estate

Mar 15, 2024

IBBI introduces key amendments to the IBBI (Liquidation Process) Regulations, 2016, with effect from 12th February 2024. The amendment provides for exclusion of the flat in possession of the allottee form the liquidator estate, “46A. Exclusion of certain assets from the liquidation estate. For the purposes of clause (e) of sub-section (4) of section 36, […]

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Bombay High Court Rules that an Authorised Signatory of a Cheque Issued on Behalf of a “Company”, is Not a “Drawer” in terms of Section 143A of the NI Act and Cannot be Directed to Pay Interim Compensation

Mar 22, 2023

The Hon’ble Bombay High Court in the recent case of Lyka Labs Limited & Anr. vs. The State of Maharashtra & Anr. & connected matters was faced with common questions of law arising under the Negotiable Instruments Act, 1881 (“NI Act”), pursuant to a batch of matters listed before it. The questions of law posed […]

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