Skip to main content

Posts

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...
Post a Comment
Read more
Recent posts

Law declared unconstitutional is void from it's inception

Cause Title :  CBI vs R.R. Kishore, Criminal Appeal No.377 Of 2007, Supreme Court Of India Date of Judgment/Order : 11/09/2023 Corum :  J. (Sanjay Kishan Kaul) J. (Sanjiv Khanna) J. (Abhay S. Oka) J. (Vikram Nath) J. (J. K. Maheshwari) Citied:  Subramanian Swamy vs. Director, Central Bureau of Investigation and another,  (2014) 8 SCC 682 Manjit Singh Bali vs. Central Bureau of Investigation Rao Shiv Bahadur Singh and another Vs. State of Vindhya Pradesh, (1953) SCR 1188 State of West Bengal Vs. S.K. Ghosh, (1963) 2 SCR 111 Sajjan Singh Vs. The State of Punjab, (1964) 4 SCR 630 Rattan Lal Vs. State of Punjab, (1964) 7 SCR Union of India Vs. Sukumar Pyne,  (1966) 2 SCR 34 G.P. Nayyar Vs. State (Delhi Administration),  (1979) 2 SCC 593 Soni Devrajbhai Babubhai Vs. State of Gujarat and Others,  (1991) 4 SCC 298 Securities and Exchange Board of India Vs. Ajay Agarwal,  (2010) 3 SCC 765 Vineet Narain and Others Vs. Union of...
Post a Comment
Read more

Are salesmen also workmen as per Industrial Disputes Act 1947?

Cause Title :  Kiran P. Pawar vs Bata India Ltd., Bombay High Court, Writ Petition No. 5862 OF 2018 Date of Judgment/Order : 01 November 2023 Corum : Sandeep V. Marne, J. Citied:  H. R. Adyanthaya & Ors. Vs. Sandoz (India) Ltd. & Ors., (1994) 5 SCC 737 Miss A. Sundarambal Vs. Government of Goa, Daman and Diu & Ors., (1988) 4 SCC 42 Pepsico India Holding Private Limited Vs. Krishna Kant Pandey, (2015) 4 SCC 270 Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors, (2013) 10 SCC 324 Bata India Ltd. A Company, Calcutta Versus B. H. Nathani, 1077 (0) AIJ-GJ 223985 May & Baker (India) Ltd. V. Workman, (1961) 2 LLJ 94 : AIR 1967 SC 678 Western India Match Co. Ltd. Vs. Workmen, AIR 1964 SC 472 T. P. Srivastava Vs. National Tobacco Co. of India Ltd., (1992) 1 SCC 281 Burmah Shell Case AIR 1971 SC 922  Background Bata decided to operate its showrooms in Mumbai, Thane and Pune for 7 days in a week in the year 2007 with...
Post a Comment
Read more

In partition suit, every interested party deemed to be a plaintiff

Cause Title :  A. Krishna Shenoy Vs Ganga Devi G. & Ors., Special Leave to Appeal (C) No(s). 8080/2019,  Date of Judgment/Order : 11-09-2023 Corum : M. M. Sundresh; J., Prashant Kumar Mishra; J. Citied:  Malluru Mallappa (Dead) Through Legal Representatives v. Kuruvathappa and Others, (2020) 4 SCC 313 Somakka (Dead) by Legal Representatives v. K.P. Basavaraj (Dead) by Legal Representatives, (2022) 8 SCC 261 Background A suit for partition was filed, on the first occasion in which the petitioner herein was arrayed as a defendant but his two sister were not arrayed as parties.  An attempt made by them subsequently during the final hearing of the proceedings, did not yield any fruit.  The preliminary decree passed in the said suit has become final as against the petitioner. Thereafter, the sisters filed an independent Suit seeking partition. During the pendency of the said suit, they filed an application seeking yet another preliminary decree in ...
Post a Comment
Read more

Can Tribunal adjudicate the interest/claim of the third parties in the arbitration proceeding in the absence of any agreement ?

Cause Title : R.Subbulakshmi (deceased) vs R.Venkitapathy (deceased), O.P.Nos.40 of 2019, Madras High Court Date of Judgment/Order : 10.08.2023 Corum : Justice Krishnan Ramasamy Citied:  Vimal Kishor Shah and others vs. Jayesh Dinesh Shah and others reported in (2016) 8 SCC 788; A.Ayyasamy vs. A.Paramasivam and others reported in (2016) 10 SCC 386; Booz Allen and Hamilton Inc., vs. SBI Home Finance Limited and others reported in (2011) 5 SCC 532; T.A.Kadeeja vs. R.K.Manjusha in CRP.No.439 of 2016 (B); Express Newspapers Pvt. Ltd., and others vs. Union of India and others reported in (1986) 1 SCC 133; Indian Express Newspapers (Bombay) Private Limited and others vs. Union of India and others reported in (1985) 1 SCC 641; Basheshar Nath vs. Commissioner of Income Tax, Delhi and another reported in AIR 1959 Supreme Court 149; Justice K.S.Puttaswamy (Retd.) and another vs. Union of India and others reported in (2017) 10 SCC 1; Bawana Infra Development Pvt. Ltd....
Post a Comment
Read more

Does the winding up of the partnership firm amounts to liquidation of the partnership firm

Cause Title : R.Subbulakshmi (deceased) vs R.Venkitapathy (deceased), O.P.Nos.40 of 2019, Madras High Court Date of Judgment/Order : 10.08.2023 Corum : Justice Krishnan Ramasamy Citied:  Vimal Kishor Shah and others vs. Jayesh Dinesh Shah and others reported in (2016) 8 SCC 788; A.Ayyasamy vs. A.Paramasivam and others reported in (2016) 10 SCC 386; Booz Allen and Hamilton Inc., vs. SBI Home Finance Limited and others reported in (2011) 5 SCC 532; T.A.Kadeeja vs. R.K.Manjusha in CRP.No.439 of 2016 (B); Express Newspapers Pvt. Ltd., and others vs. Union of India and others reported in (1986) 1 SCC 133; Indian Express Newspapers (Bombay) Private Limited and others vs. Union of India and others reported in (1985) 1 SCC 641; Basheshar Nath vs. Commissioner of Income Tax, Delhi and another reported in AIR 1959 Supreme Court 149; Justice K.S.Puttaswamy (Retd.) and another vs. Union of India and others reported in (2017) 10 SCC 1; Bawana Infra Development Pvt. Ltd....
Post a Comment
Read more

Winding Up vs Dissolution of partnership firm

Cause Title : R.Subbulakshmi (deceased) vs R.Venkitapathy (deceased), O.P.Nos.40 of 2019, Madras High Court Date of Judgment/Order : 10.08.2023 Corum : Justice Krishnan Ramasamy Citied:  Vimal Kishor Shah and others vs. Jayesh Dinesh Shah and others reported in (2016) 8 SCC 788; A.Ayyasamy vs. A.Paramasivam and others reported in (2016) 10 SCC 386; Booz Allen and Hamilton Inc., vs. SBI Home Finance Limited and others reported in (2011) 5 SCC 532; T.A.Kadeeja vs. R.K.Manjusha in CRP.No.439 of 2016 (B); Express Newspapers Pvt. Ltd., and others vs. Union of India and others reported in (1986) 1 SCC 133; Indian Express Newspapers (Bombay) Private Limited and others vs. Union of India and others reported in (1985) 1 SCC 641; Basheshar Nath vs. Commissioner of Income Tax, Delhi and another reported in AIR 1959 Supreme Court 149; Justice K.S.Puttaswamy (Retd.) and another vs. Union of India and others reported in (2017) 10 SCC 1; Bawana Infra Development Pvt. Ltd....
Post a Comment
Read more