2019 – LAW DHARMA

1 min read

The Court is not bound to follow statute or rules of evidence while deciding the custody of a Child and the only consideration should be the welfare and well-being of the child- Supreme Court Reiterated

December 31, 2019 K.Suresh

The Supreme Court has reiterated the principles regarding custody of a Child by considering the desire and welfare of the...

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When the Agreement specifies particular type/mode of constitution of Arbitral Tribunal, the same should be followed in strict sense- Supreme Court clarified.

December 31, 2019 K.Suresh

The Courts itself has no power under Section 11(6) of Arbitration and Conciliation Act to appoint Arbitrator/s against the terms...

3 min read

The Hospital is vicariously liable for the acts of negligence committed by the Doctors engaged or empanelled to provide medical care- Supreme Court Ruled

December 31, 2019 K.Suresh

The Supreme Court has dealt with a case of Medical Negligence and ruled that it is common experience that when...

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Updates

Liquidator has no power to initiate CIRP on behalf of the Corporate Debtor by filing application under the provisions of Insolvency and Bankruptcy Code, 2016- NCLAT ruled

December 31, 2019 K.Suresh

The Liquidator of the Corporate Debtor filed an application U/s.60(5) of the Code seeking permission to file an Application under...

3 min read

Uncategorized

The Doctrine of Promissory Estoppel cannot be invoked against the Union of India, if it takes a decision in a larger public interest- Supreme Court ruled.

December 31, 2019 K.Suresh

The question of Law arises for consideration before the Supreme Court of India as to whether, by invoking the doctrine...

3 min read

Uncategorized

Disciplinary proceedings should not be initiated against the Judicial Officer merely on the basis that a wrong order has been passed by him or his order found to be incorrect, unless there are serious allegations of Mis-conduct, extraneous influence or gratification of any kind- Supreme Court ruled.

December 31, 2019 K.Suresh

A Judicial Officer had been charged for gross judicial impropriety, judicial indiscipline, lack of integrity, gross misconduct and an act...

3 min read

Updates

The Commercial Courts have no jurisdiction to try the disputes in respect of immovable property, which are not used exclusively in Trade or Commerce- Supreme Court clarified

December 31, 2019 K.Suresh

The Supreme Court has decided an important question of law relating to the provisions under Section 2(1)(c)(vii) of the Commercial...

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Updates

NCLT has no discretion to reject or defer the Application filed for triggering CIRP process, unless a specific request made by the Corporate Debtor to settle the Claim of the Creditor-NCLAT ruled

December 31, 2019 K.Suresh

The Application filed under Section 7 of the IB code has been admitted by the National Company Law Tribunal. The...

3 min read

Updates

Refusal to grant anticipatory bail would not amount to denial of the rights conferred upon the appellant under Article 21 of the Constitution of India. Delicate balance is required to be established between the two rights -safeguarding the personal liberty of an individual and the societal interest- Supreme Court ruled in the case of Anticipatory Bail by the former Home Minister Mr.P.Chidambaram.

December 31, 2019 K.Suresh

The High Court of Delhi rejected the application of Mr.Chidambaram for anticipatory bail in the case registered by Central Bureau...

2 min read

Updates

Due under the Recovery Certificate cannot be taken as a continuous default for the purpose of calculating limitation in order to trigger Corporate Insolvency Resolution Process as per the Provisions of IBC- SC ruled.

December 31, 2019 K.Suresh

The account of the Corporate Debtor had been declared as NPA in the year 1999 and Recovery Certificate was issued...

Year: 2019

The Court is not bound to follow statute or rules of evidence while deciding the custody of a Child and the only consideration should be the welfare and well-being of the child- Supreme Court Reiterated

When the Agreement specifies particular type/mode of constitution of Arbitral Tribunal, the same should be followed in strict sense- Supreme Court clarified.

The Hospital is vicariously liable for the acts of negligence committed by the Doctors engaged or empanelled to provide medical care- Supreme Court Ruled

Liquidator has no power to initiate CIRP on behalf of the Corporate Debtor by filing application under the provisions of Insolvency and Bankruptcy Code, 2016- NCLAT ruled

The Doctrine of Promissory Estoppel cannot be invoked against the Union of India, if it takes a decision in a larger public interest- Supreme Court ruled.

Disciplinary proceedings should not be initiated against the Judicial Officer merely on the basis that a wrong order has been passed by him or his order found to be incorrect, unless there are serious allegations of Mis-conduct, extraneous influence or gratification of any kind- Supreme Court ruled.

The Commercial Courts have no jurisdiction to try the disputes in respect of immovable property, which are not used exclusively in Trade or Commerce- Supreme Court clarified

NCLT has no discretion to reject or defer the Application filed for triggering CIRP process, unless a specific request made by the Corporate Debtor to settle the Claim of the Creditor-NCLAT ruled

Due under the Recovery Certificate cannot be taken as a continuous default for the purpose of calculating limitation in order to trigger Corporate Insolvency Resolution Process as per the Provisions of IBC- SC ruled.

The Apex Court on the Validity of Last Seen Theory and Forensic Evidence in Criminal Convictions

Supreme Court Strongly Condemns Abuse of Bail Conditions Through False Deposits and Reneging by Parties

Supreme Court Affirms Procedural Adherence and Limits of Insolvency Moratorium in Civil Litigation

Whether a Statement obtained under section 67 of NDPS Act can be treated as a Confession?

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