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NCLAT Answers Whether an ‘Operational Creditor’ Can Be Allowed To Pursue Prior Arbitration Proceedings Post Approval of Resolution Plan.

Mar 03, 2023

An Appeal was filed before the Hon’ble National Company Law Appellate Tribunal (“NCLAT”), in the matter of Shapoorji Pallonji & Co. Pvt. Ltd. vs Korba West Power Company Ltd. & Ors., challenging the Impugned Order passed by the Learned Adjudicating Authority (NCLT, Ahmedabad Bench) allowing the Interlocutory Application filed by the Resolution Professional (“RP”) of […]

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It’s all in the Name – Recognition of Personality Rights in India

Dec 01, 2022

The Delhi High Court recently passed an omnibus order restraining the world at large from using the name, image, voice, likeness, and goodwill of Mr. Amitabh Bachchan. The Plaintiff in Amitabh Bachchan v. Rajat Negi & Ors. alleged violation of his publicity rights as a celebrity. Mr. Bachchan approached the Court to restrain various persons […]

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Fate of Secured Creditor(s): IBC v. SARFAESI Act

Nov 11, 2022

Introduction The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (“SARFAESI Act”) was brought into effect to regulate the process of recovery of debts through enforcement of security interest, in the event of default by the borrower(s), and to further regulate the securitisation and reconstruction of financial assets of a […]

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Supreme Court decides ‘Whether the Provisions contained in Chapter V of the MSME Act, 2006 with regard to Delayed Payments to Micro and Small Enterprises would have precedence over the provisions contained in the Arbitration Act, 1996?’

Nov 11, 2022

The Hon’ble Supreme Court recently decided 7 Appeals in the case of Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd., though factually distinct, however, involving common questions of law. Upon hearing and considering the submissions, both in favour and against the proposition that ‘the provisions regarding delayed payments under the MSME Act […]

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Madras High Court affirms: Protection of Moratorium under section 14 of I&B Code is extended only to Corporate Debtor and not to the persons involved in its affairs vis-à-vis. the proceedings under section 138 of the Negotiable Instruments Act, 1881

Nov 11, 2022

The Accused No. 3 being the Managing Director of the Accused No. 1 Company filed a Petition before the Hon’ble Madras High Court under section 482 of Cr.P.C. for quashing of the Criminal Complaint filed inter alia against him by the Respondent being the Complainant therein, for an offence under section 138 of the Negotiable […]

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Guidelines On Capturing Consumer Location On UPI Applications

Oct 31, 2022

The National Payments Corporation of India (“NPCI“) vide its operating circular dated July 5, 2022 (“Circular“) has issued fresh guidelines in relation to collection and usage of geo-tagging data by Unified Payments Interface (“UPI“) applications and third-party service providers. The Circular is issued in addition to the existing customer data collection guidelines of NPCI in respect to UPI transactions and […]

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Cyber Defamation In India

Oct 21, 2022

Ever wondered if you could be in trouble because of your opinion, feedback, review, statement, comment and/or post on any social media platform viz. LinkedIn, Facebook, Youtube, etc. By trouble, we mean posting malicious content that can harm the reputation of a person including an entity. This is known and termed as ‘Defamation’, which is […]

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Spouse Has Children From Previous Marriage Is No Ground For Denial Of Maternity Benefit- Supreme Court 

Oct 21, 2022

The Supreme Court in the case of Devika Singh v. CAT (C.A. No 5308 of 2022) recently held that existence of spouse’s biological children from his prior marriage would not impinge upon the statutory entitlement for grant of maternity leave.  Moreover, the Court in its judgment made observations with respect to persons to whom maternity benefits shall not be denied due […]

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Service Charge Imposed by Restaurants 

Oct 21, 2022

Service Charge can be defined as the fee collected by the service provider for the services and facilities that are being provided by  them. Service charge is usually charged in the tertiary sector of the economy such as in restaurants, tourism, banking, etc. ​ Take on Service Charge:​ As per the ‘Guidelines to prevent unfair trade practices and […]

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