Searching Content indexed under Trials & Appeals & Compensation by Khaitan & Co ordered by Published Date Descending.
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NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
14 Aug 2019
Supreme Court Decides The Fate Of Landholders Affected By The ULC Exemption Orders:
The Urban Land (Ceiling and Regulation) Act, 1976 was enacted to prevent concentration of urban properties in the hands of a few and to ensure equitable distribution / utilization of urban vacant lands.
14 Aug 2019
Delhi High Court Critiques Bare Denials And Decrees A Suit, Finding Suzuki A Well-Known Mark
In its latest judgment on trade mark infringement, the Delhi High Court in the case of Suzuki Motor v Suzuki (India) Limited, passed a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908 ...
5 Aug 2019
Benami Transactions' Prohibition Law Amendment Is Prospective, Holds Rajasthan High Court
In a batch of writ petitions (Civil Writ Petition No. 2915/2019 and others), the Hon'ble Rajasthan High Court has held that the Benami Transactions (Prohibition) Amendment Act, 2016 is prospective in nature ...
29 Jul 2019
Supreme Court Revisits The Scope And Ambit Of The Definition Of Employee Under The EPF Act
This is likely to be the judicial trend and thus, employers need to be careful when they engage independent workmen for getting work done. This
29 Jul 2019
The Delhi HC Upholds The Validity Of Final Orders Of The CCI Passed In The Absence Of A Judicial Member
The High Court of Delhi (High Court), in an important decision in CADD Systems and Services Private Limited v Competition Commission of India [Writ Petition (Civil) No 6661 of 2019)] dated 17 July 2019, ...
26 Jul 2019
Would The Chit Funds Act, 1982, Being A Self-Contained Code, Prevail Over The Provisions Of The Arbitration And Conciliation Act,1996?
One Mr Harish Pujary, the brother of the Petitioner, was a member of the chit group of the Respondent.
12 Jul 2019
Demolition - A Limitation On Architect's Moral Rights
This writ was also dismissed. Rewal then preferred an appeal. While this appeal was pending hearing, ITPO started demolishing the Hall.
10 Jul 2019
Bombay High Court: Mandatory Timeline For Filing Written Statement In 120 Days Under CPC Not Applicable To ‘Transferred' Commercial Suits
It is now to be seen whether such discretion would be used positively or negatively by the Courts while deciding on the timeline to file a written statement in Transferred Commercial Suits.
19 Jun 2019
Supreme Court To Clarify The Position Relating To Arrest Provisions Under GST
The Hon'ble Supreme Court, vide its order dated 29 May 2019, while refusing to interfere with the order of the Bombay High Court, has held that the position regarding the arrest provisions under Central Goods and Services Tax Act, 2017 ...
5 Jun 2019
Contempt In An Intellectual Property Dispute Can Land One In Prison
In Cargil India Private Limited v M/s. M.M. Oil Enterprises (Notice of Motion No 1107 of 2019 in COMIP No. 425 of 2017), the Bombay High Court (Court) has once again passed a notable order whereby the Court imposed a sentence ...
4 Jun 2019
High Court Of Orissa Allows Input Tax Credit On Goods And Services Used For Construction Of Immovable Property
The Hon'ble High Court of Orissa, vide its order dated 17 April 2019, in in Safari Retreats Private Limited v Chief Commissioner of Central Goods & Service Tax [W.P. (C) 20463 of 2018], has allowed availment of ITC...
31 May 2019
Competition Law - April 2019
The Competition Commission of India (CCI) closed a case involving allegations of Resale Price Maintenance (RPM) against Kaff Appliances (India) Private Limited (Kaff).
12 Apr 2019
Supreme Court Strikes Down Clause Mandating Payment Of Deposit As Pre-Condition To Invoking Arbitration
The Supreme Court, in its recent judgment in ICOMM Tele Ltd. v Punjab State Water Supply and Sewerage Board & Anr., delivered on 11 March 2019, has ruled on the validity of an arbitral clause mandating deposit ...
5 Apr 2019
Payment Against An Agreement To Sell Is A Duly Enforceable Debt Under The Negotiable Instruments Act
The division bench of the Supreme Court of India comprising of Hon'ble Justice Dr D.Y. Chandrachud and Hon'ble Justice Mr Hemant Gupta, in its judgment dated 13 March 2019 in Ripudaman Singh v Balkrishna, ...
5 Apr 2019
Supreme Court Limits The Scope Of "Excluded Employee" Under 1952 EPF Scheme
On 26 March 2019, in the matter of Modern Transportation Consultation Services Private Limited & Anr. v Central Provident Fund Commissioner Employees Provident Fund Organisation & Ors., a bench comprising...
1 Apr 2019
Compounding Of Non-Compoundable Offences By High Courts Under Section 482 Of CRPC- Supreme Court Re-Affirms Position
In the present case, two appeals with the same question of law were tagged together.
26 Mar 2019
Supreme Court: Filing Of Written Statement Within 120 Days From Issuance Of Summons Is Mandatory
The Hon'ble Supreme Court of India (Supreme Court) in its judgment, in M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. held that the failure to file written statements within the statutory time period ...
12 Mar 2019
Supreme Court Upholds NCLAT Judgment Ruling That Insolvency Proceedings May Be Invoked Against Corporate Guarantor Before Proceeding Against The Principal Debtor
The appellants submitted that while the Code includes the concept of a ‘personal guarantor', it does not recognize the concept of a corporate guarantor.
27 Feb 2019
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