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Searching Content indexed under Litigation, Mediation & Arbitration by Dhir & Dhir Associates ordered by Published Date Descending.
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Committee Of Creditors Are The Decision Makers - Court Perspective
Insolvency and Bankruptcy Code is a time-bound process for restructuring and revival of a Debtor Company, which involves the Committee of Creditors , Interim Resolution Professional/Resolution Professional and the Adjudicating Authority.
India
22 Feb 2019
2
Religious Rights Versus Women's Rights In India
The efforts of Goolrukh Gupta, a Parsi woman who married outside her community, to be allowed entry into the ‘Fire Temple' and ‘Tower of Silence', to attend the last rites of her parents has brought into focus...
India
27 Apr 2018
3
If There Is No Arbitration Agreement Between The Parties, The Court Cannot Refer The Parties To Arbitration Without A Joint Memo Or Written Application By The Parties
On 9th March, 2018, Supreme Court of India, in the matter Kerala State Electricity Board and Anr. Vs. Kurien E. Kathilal and Anr. (MANU/SC/0231/2018) ...
India
25 Apr 2018
4
Power Of Courts To Grant Bail In Non-Bailable Offences
he Code of Criminal Procedure, 1973 (hereinafter called "CrPC") defines Bailable Offence to "mean an offence which is shown as bailable in the First Schedule, or which is made bailable ...
India
20 Mar 2018
5
Restructuring Scheme Sanctioned Under A Repealed Enactment: Implementation Under Insolvency And Bankruptcy Code, 2016
The proceedings pending before the BIFR and the Appellate Authority for Industrial and Financial Reconstruction (AAIFR) stand abated pursuant to coming into force of Repeal Act. However, the schemes sanctioned by the BIFR are protected in terms of Section 5 of Repeal Act.
India
23 Jan 2018
6
Impounding of A Passport - Ambiguity of Applicable Laws Vis. a Vis. Defaulter's Delight
The right to travel abroad has been recognised as an integral right of every Indian citizen. It would not be out of place to mention that it has in fact been recognised as a fundamental right under Article 21 of the Constitution of India.
India
5 Dec 2017
7
Section 138 Of The NI Act: Balancing The Civil & Criminal Intents
The object of introducing Section 138 in the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") is to enhance the acceptability of cheques in the settlement of liabilities.
India
21 Nov 2017
8
Moratorium Under Insolvency And Bankruptcy Code, 2016 - Impact On Pending Proceeding
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
India
8 Nov 2017
9
Delhi HC: Pending Reference Under SICA, Proceedings Before The Arbitral Tribunal Not To Be Stayed
The Arbitral Tribunal had declined to grant the interim measures only on the ground that the respondent had got its reference registered with BIFR...
India
31 Mar 2017
10
Evolution Of Arbitration In India
The industrial revolution has led to rapid escalation in global trade and commerce. To correspond with the economic growth and avoid prolonged litigation, the parties resort to arbitration...
India
21 Oct 2016
11
Commercial Court's Acts
India is poised to emerge as the preferred destination for global bilateral trade and industry. The 'Make in India' campaign has garnered extensive attention in India as well as internationally.
India
8 Oct 2016
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