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Approved resolution plan is not a confidential document and can be made available to genuine claimant

January 27, 2022 7629 Views 0 comment Print

Association of aggrieved Workmen Association of aggrieved Workmen of of Jet Airways (India) Limited Vs Jet Airways (India) Ltd. (NCLAT Delhi) Facts- The only question involved is whether the appellant is entitled for a copy of resolution plan or any part of it. Notably, the resolution plan is already approved by the Adjudicating Authority. Conclusion- Resolution plan […]

Committee of Creditors cannot approve resolution plan proposed by an applicant barred u/s 29A: SC

January 25, 2022 3840 Views 0 comment Print

Bank of Baroda & Anr. Vs MBL Infrastructures Limited & Ors. (Supreme Court of India) Facts- Corporate insolvency resolution process was initiated against respondent No. 1. Two resolution plans were received by the resolution professional (respondent no. 2). Committee of creditors decided seeking an appropriate resolution plan at the hands of respondent no. 3. Section […]

Claimant needs to satisfy all eligibility criteria/conditions of exemption notification: SC

January 25, 2022 1458 Views 0 comment Print

The person claiming the exemption has to fulfil and satisfy all the eligibility criteria/conditions mentioned in the exemption notification. The respondent (ESL) was not eligible at all for exemption from payment of purchase tax as in fact power generating companies (EPL) were put in the list of ‘ineligible industries’. Therefore, by such a modus operandi, the benefit, which was not available to the EPL was made available by such transfer of raw materials by the ESL to EPL.

Arbitrator is the final arbiter of the disputes between the parties: SC

January 25, 2022 5391 Views 0 comment Print

The Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts.

Service regulation will prevail during conflict between statement in an advertisement and service regulation: SC

January 20, 2022 3177 Views 0 comment Print

Employees’ State Insurance Corporation Vs Union of India (Supreme Court of India) Facts- The ESIC has filed the present appeal against the judgement of Division Bench which rejected the petition filed against the promotion of the contesting respondent to the post of ‘Associate Professor’ under the Dynamic Assured Career Progression Scheme (DACP Scheme). Fact of […]

SC cannot re-appreciate evidence on concurrent findings recorded by NCLT & NCLAT

January 17, 2022 1224 Views 0 comment Print

Devas Multimedia Private Ltd. Vs Antrix Corporation Ltd. (Supreme Court of India) Facts- The company, Devas Multimedia Pvt. Ltd., in liquidation has challenged an order of winding up passed by the National Company Law Tribunal under section 271(c) of Companies Act, 2013. The order was confirmed by the National Company Law Appellate Tribunal. It is contended […]

Using police database for obtaining information in circumstances where use is expressly forbidden is a crime

January 11, 2022 846 Views 0 comment Print

Van Buren Vs United States (Supreme Court of United States) Facts- The main issue involved is unauthorized access of computer under the Computer Fraud and Abuse Act, 86 by a police sergeant. As alleged, the police sergeant used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate […]

Article 21A assures free child education, however, State can determine the medium of education

January 10, 2022 3012 Views 0 comment Print

This Court is of the considered opinion that changing mode of instruction to English or imparting education in English per-se is not violative of fundamental rights guaranteed to the children or to their parents under Article 21A of the Constitution of India. Because Article 21A only assures right of a child below 14 years to have access to free and compulsory education, whereas the manner has been left at the discretion of the State to be determined by law.

Price Parallelism & Cartelization – Madra HC dismisses plea relying on final order passed by CCI

January 6, 2022 1764 Views 0 comment Print

MRF Limited Vs Ministry of Corporate Affairs (MCA) (Madras High Court) Facts- The main allegation is that when natural rubber price increased, the tyre prices were increased in a concerted manner by the domestic major tyre manufacturers, however, when the price of natural rubber decreased, the tyre prices were not reduced by the domestic major […]

Delinquent officer cannot appoint any representative during departmental proceedings

January 4, 2022 5472 Views 0 comment Print

Rajasthan Marudhara Gramin Bank (RMGB) and Anr. Vs Ramesh Chandra Meena & Anr. (Supreme Court of India) Facts- While working as Branch Manager, it was alleged that he committed irregularities while granting loans to farmers/ villagers under loan scheme. He didn’t take adequate precautions and without writing mandates of borrowers, he transferred the loan amount in […]

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