Articles

20th Sep, 2018

No decision of Committee of Creditors can be made effective without getting minimum 75% of voting share.

As per Section 21 (8) of the Insolvency and Bankruptcy Code 2016, all decisions of the ‘committee of creditors’ are required to be taken by a vote of not less than 75% of the voting […]
19th Sep, 2018

If reforms are to be brought about in the process of election, it can only be done vide an amendment of legislation

In a recent judgment, the Supreme Court, held that the High Court of Calcutta was in error in issuing directions for the acceptance of nomination in electronic form. The said ruling was delivered in the […]
19th Sep, 2018

Petition filed under Section 7 of I&B Code 2016 cannot be defeated upon the ground of appointment of arbitrator.

The ground for appointment of arbitrator cannot be taken as a ground in defeating an application under Section 7 of the Insolvency and Bankruptcy Code 2016 though it is permissible to take such a ground […]
18th Sep, 2018

Letter of administration to be granted for an immovable property if all other legal heirs served through publication and have not contested the petition

In a recent judgment, the Delhi High Court, held that when two Class II legal heirs have filed their no-objection to the petition for grant of letter of administration and other Class II heirs have […]
18th Sep, 2018

Jurisdiction of the Court for Trademark Infringement can be invoked under CPC or Trade Marks Act

The Delhi High Court in the instant matter gave a wide interpretation as to what constitutes “use of a trade mark”. Court has held that in a trade mark action, use of mark includes not […]
17th Sep, 2018

The tenant is liable to pay mesne profit even if he continued to pay the monthly rent after the termination of the lease deed

In a recent judgment, the Delhi High Court, held that the mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that […]
17th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
17th Sep, 2018

Under Companies Act 2013, the Tribunal can pass interim orders with respect to the conduct of the company’s affairs.

It was held by the National Company Law Appellate Tribunal that under Section 241 read with Section 242 of the Companies Act 2013, the Tribunal is empowered to pass interim order in a petition for […]
15th Sep, 2018

Appointment of officials of the government as arbitrator where the government itself is a party is hit by Section 12(5) read with Seventh Schedule of the amended Arbitration Act

The Delhi High Court noted that the relationship of Secretary, Ministry of Defence, GOI with the Union of India i.e. respondent in the present matter was hit by Section 12(5) read with Seventh Schedule of […]
14th Sep, 2018

Section 7 (5) and 7 (6) of the Insolvency and Bankruptcy Code 2016 make it clear that for the purpose of admitting an application under Section 7 of the Code, ‘default’ has to be ascertained as on the date of the decision of the adjudicating authority and not at the time of filing of the application.

  The said ratio was delivered by the National Company Law Appellate Tribunal in the matter of Core Hotels Ventures Private Limited and Anr. Vs. Bank of Baroda and Anr., Company Appeal (AT) (Insolvency) No. […]
14th Sep, 2018

Article 18 of the schedule of the Limitation Act, prescribing the limitation of three years from the date when the work is done, would come into play when no specific date for payment is fixed.

In a recent judgment, the Hon’ble High Court of Delhi observed that in the case when no specific date for payment is fixed, the cause of action accrues on the date when the work is […]
14th Sep, 2018

Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it

The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]