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Fcs Deepak P. Singh

Latest Posts by Fcs Deepak P. Singh

Court is required to ensure that prima facie a genuine arbitrable dispute exists

December 28, 2022 1281 Views 0 comment Print

Oriental Insurance Company Limited Vs Dacite Furnishing Limited (Supreme Court) For deciding the application under Section 11(6) of Arbitration Act, 1996, the court is required to ensure that an arbitrable dispute exists and has to be prima facie convinced about the genuineness or credibility of the plea and not be too particular about the nature […]

NCLT cannot declare IBC, 2016 provisions/Regulations as illegal/Ultra Virus

December 28, 2022 717 Views 0 comment Print

IBBI Vs State Bank of India & Ors (Delhi High Court) In the present case, a conjoint reading of the provisions of the IBC clearly shows that the NCLT is the adjudicating authority under the IBC. Under Section 60(5) the categories of cases which can be adjudicated have been clearly enumerated. The jurisdiction to deal […]

Burden lies on insurance company to prove that licence of driver was fake

December 28, 2022 1191 Views 0 comment Print

The burden lies on the Insurance Company to prove the same except relying upon the endorsement, nothing is placed on record and also the author of the document has not been examined.

Directors receiving remuneration is employee under ESI Act: SC

December 28, 2022 3717 Views 0 comment Print

High Court in the present case has been in error in assuming that the Director of a Company, who had been receiving remuneration for discharge of duties assigned to him, may not fall within the definition of an employee for the purpose of the ESI Act.

Director of Company can file defamation case for Defamatory publication: SC

December 28, 2022 3912 Views 0 comment Print

John Thomas Vs Dr. K. Jagdeesan (Supreme Court of India) A renowned hospital in the Metropolis of Madras (Chennai) has been caricatured in a newspaper as the abattoir of human kidneys for trafficking purposes. When the Director of the Hospital complained of defamation, the publisher of the newspaper sought shelter under the umbrage that the […]

Lease renewal is a privilege and tenant must renew Lease within time: SC

December 28, 2022 2922 Views 0 comment Print

Orissa Industrial Infrastructure Development Corporation V. Mesco Kalinga Steel Ltd. & Ors (Supreme Court)  Lease of industrial land from government authority – Lessee neglected to execute lease deed for years – Lease cancelled and land resumed lessee obtaining order from High court for the allotment of land. The Apex Court held that the lessee has […]

Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

December 26, 2022 1356 Views 0 comment Print

Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes Act, 1947, and the court’s decision.

Whether Gratuity can be forfeited on Dismissal of an Employee from service?

December 26, 2022 40446 Views 0 comment Print

Whether forfeiture of gratuity, under Payment of Gratuity Act, 1972, is automatic on dismissal from service, is issue for consideration in this case.

Whether interim wages included in term ‘wages’ under ESI Act?

December 26, 2022 1611 Views 0 comment Print

A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of the employment, expressed or implied, were fulfilled and includes other additional remuneration, if any, paid at intervals not exceeding two months.

Presumption of Constructive Notice – Transfer of Property Act, 1882

July 19, 2022 39369 Views 0 comment Print

Understanding the Presumption of Constructive Notice under the Transfer of Property Act, 1882. Know your rights as a property owner and the implications of notice.

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