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Corporate Law : Explore the intersection of personality rights, copyright, and trademark laws in India, focusing on celebrity branding, legal fram...
Corporate Law : Orissa High Court's landmark decision quashes rape charges against a man accused of sex on false promise of marriage, emphasizing ...
Corporate Law : This article aims to provide a comprehensive overview of data privacy and cybersecurity, highlighting key issues, best practices, ...
Corporate Law : Updating circle rates to match market value can reduce tax evasion, black money, and cash transactions in real estate, ensuring tr...
Corporate Law : This article explores the importance of maritime governance, the key principles and challenges, and the role of international law ...
Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...
Corporate Law : Bar Council of India supports govt’s decision to revise Advocates (Amendment) Bill, 2025, ensuring fair consultation and safegua...
Corporate Law : The Competition Commission of India seeks public feedback on the draft Cost of Production Regulations 2025, replacing the 2009 rul...
Corporate Law : CBI dismantles a virtual asset-backed cybercrime network defrauding German nationals, arresting key accused and recovering digital...
Corporate Law : Key IBC case law updates from Oct-Dec 2024, covering Supreme Court and High Court decisions on CoC powers, resolution plans, relat...
Corporate Law : NCLT Delhi rejects bankrupt's discharge plea under IBC 138(1), stating only the Bankruptcy Trustee can file. Decision highlights p...
Corporate Law : NCLAT clarifies security deposits under MoUs without borrowing effect do not qualify as financial debt under IBC. Read the detaile...
Corporate Law : SC clarifies that only signatories or responsible directors can be held liable under Section 138 of the Negotiable Instruments Act...
Corporate Law : Rajasthan HC rules non-payment of salary violates Article 21. Orders release of pending wages, citing Supreme Court precedents on ...
Corporate Law : NCLAT rules charge non-registration under Section 77 doesn't negate secured creditor status. Upholds claim, differentiating CIRP a...
Corporate Law : RTI Act grants access to existing records only; public authorities need not provide opinions, clarifications, or policy recommenda...
Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...
Corporate Law : IBBI suspends valuer Nitin Ashok Garg for six months due to valuation report discrepancies in East Coast Energy liquidation case....
Corporate Law : IBBI suspends Sujit Shrikant Joglekar for six months due to valuation discrepancies in East Coast Energy liquidation....
Corporate Law : Instruction No. 118 mandates weekly Jan-Sunwai sessions via VC for SEZ grievance redressal, ensuring timely resolutions and monthl...
Summary of some key decisions of the Hon’ble Supreme Court of India has been provided below. Criminal law No obligation on Officer-in-charge to arrest accused when filing chargesheet nor arrest pre-requisite formality to take chargesheet on record by Magistrate In Siddharth v. State of Uttar Pradesh the Supreme Court has held that an accused is […]
Can a common man afford the services of a Senior Advocate? Explore the accessibility of Senior Advocates in the High Court/ Supreme Court.
All hear about electric vehicles (EV) and their future role in decarbonizing the transport sector. Equally true is our anxiety to learn about the infrastructure development for EVs and whether we are serious about its implementation. Who are the stakeholders in developing the infrastructure for EVs? NITI Aayog in association with the Ministry of power, […]
1. Background of Debate Effectuated December 2016, the Sick Industrial Companies Act[1] was repealed to pave way to the Insolvency and Bankruptcy Code, 2016[2] (hereinafter “IBC”). The objects of the two acts were different in one substantial aspect: the latter focused on reviving a company so as it continues to survive as a going concern, aimed to act as a beneficial legislation and not merely focused on recovery. Recovery however being quintessential to IBC we saw that it and the Limitation Act, 1963[3] (hereinafter “Limitation Act”), which bars the right to recover money claims after a time lapse of 3 years from the cause of action, came face to face with each other and so became a long debate culminating finally this year. This debate arose on two counts. First, IBC was always meant to be a complete code in itself, an exhaustive code on the subject matter[4] and so the remedies given thereunder comprehensively cover all matters that it apprehends. Thus, it was naturally understood that IBC is not guided by any other legislative enactment. However it does not have a clause expressly barring application of limitation act which attracts Section 29 of the limitation act which brings us to the second. Second, the mandate of Section 29 of the Limitation Act makes it abundantly clear that all legislative enactments are to be guided by the Limitation Act “unless such enactment expressly excludes itself”. Now, even the words “expressly excluded” in the section have been interpreted to have a wider import by the Supreme Court (hereinafter “SC”) giving itself the power to interpret by reading of all the provisions of an act to infer such exclusion[5]. The interpretation of such an intention or otherwise rested again with the apex court. 2. Prior to Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 Initially the NCLT held in Neelkanth Township and Construction Pvt. Ltd. v Urban Infrastructure Trustee Ltd.[6] that the “provisions of the IBC cannot be shackled by the Limitation Act”. The court noted: “There is nothing on the record that Limitation Act, 2013 is applicable to IBC. Learned Counsel for the appellant also failed to lay hand on any of the provision of IBC to suggest that the Law of Limitation Act is applicable. The IBC, 2016 is not an Act for recovery of money claim, it relates to the initiation of Corporate Insolvency Resolution Process. If there is a debt which includes interest and there is default of debt and having a continuous course of action, the argument that the claim of money by Respondent is barred by Limitation cannot be accepted.” The NCLAT based its decision on the observation in Innoventive Industries Limited v ICICI Bank & Anr [7] that IBC is a comprehensive code which implies that it is independent of other laws. Now even though there was no provision in IBC that expressly barred the Limitation Act, the court observed that it remains open for the court to conclude so on a meaningful and comprehensive reading of the provisions. This view was further supported by M/S. Speculum Plast Pvt. Ltd. v Ptc Techno Pvt. Ltd[8]. and B.K. Educational Services Private Limited v Parag Gupta.[9] Even so, acting cautiously, the courts prescribed that the underlying utility of the doctrines like that of limitation must not be forsaken and it must be ensured that a deliberate delay does not go unpunished. Undoubtedly, the above ruling was bound to result in an increase in the number of applications and appeals. In the above background the Report of the Insolvency Law Committee of March 2018[10] came in which opined that “since the intent of the Code was not to array the Code as a fresh opportunity for creditors and claimants who did not exercise their remedy under existing laws within the prescribed limitation period, the Committee thought it fit to insert a specific section applying the Limitation Act to the Code”. The legislature finally taking note of this situation came up with Section 238A inserted vide an amendment[11] which clearly provided that the Limitation Act would apply to all the proceedings or appeals before the NCLT, NCLAT, DRT and DRAT.
SC enlarges the ambit of Limitation Act, 1963 for recovery of debts. Learn about the changes and implications of this landmark judgment.
The Factoring Regulation (Amendment) Act, 2021 received the assent of the President on 7th August, 2021 and got published in the Official Gazette on 9th August, 2021. The Amendment Act shall come into force on 23rd August, 2021. (Effective date got notified vide Notification No. S.O. 3406(E) dtd. 19th August, 2021) Sr. No. Amendment Comments 1 Substitution: Section 2(a) for the […]
A. With the siege of power in Afghanistan by the militant sect Taliban, bilateral trade between India and the country is currently at high risk, the Confederation of Indian Traders (CAIT) cautioned on Tuesday. The traders’ association also alerted domestic exporters and urged the Centre to forestall any potential business losses. The CAIT statement listed […]
Sexual harassment could be a kind of unlawful employment discrimination beneath Title VII of the Civil Rights Act of 1964 and is prohibited beneath the anti-harassment policy. As per the Equal Employment chance Commission, harassment is outlined as “unwelcome sexual advances, requests for sexual favours, and alternative verbal or physical conduct of a sexual nature. […]
INTRODUCTION The right to assert maintenance is a right recognized beneath completely different laws in our country, everyone is completely different from alternative in main and another specific. United Nations the total conception of maintenance was initiated to confirm that if there’s a married person who isn’t freelance economically, then, the opposite married person ought […]
In the Budget 2021, our hon’ble financial minister announced about Amendment in LLP Act. In continuation of same, Ministry of Corporate Affairs issued a press release on 03rd February 2021. MCA initiates process of De-criminalisation of compoundable offences of LLP Further in continuation of the same Wednesday, 28th July, 2021 Cabinet has passed LLP Amendment Bill, […]
