Category: Corporate

Held, petitioner-herein will come within the definition of the expression “party” appearing in the 5th proviso to Clause (c) of Sub-section (1) of Section 434 of the Companies Act, 2013 and that the petitioner is entitled to seek a transfer of the pending winding up proceedings against the first respondent, to the NCLT

SUPREME COURT OF INDIA FULL BENCH M/S KALEDONIA JUTE AND FIBRES PRIVATE LIMITED — Appellant Vs. M/S AXIS NIRMAN AND INDUSTRIES LIMITED AND OTHERS — Respondent ( Before : S.A.…

Misbranded drugs – Feeble attempt to show compliance with Drugs Act by alleged purchase of the samples under Form 14A to the counter affidavit from an unknown source and date must be rejected outright as an attempt to create evidence where none exists – High Court therefore erred in dismissing the writ petition on grounds of delay – Appeal allowed

SUPREME COURT OF INDIA FULL BENCH VETINDIA PHARMACEUTICALS LIMITED — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R.F. Nariman, Navin Sinha and Krishna Murari,…

Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by this Court to avoid any confusion, and to authoritatively settle the law – Personal gurantor – Writ Petitions are transferred from the High Courts to SCOI

SUPREME COURT OF INDIA FULL BENCH  INSOLVENCY AND BANKRUPTCY BOARD OF INDIA — Appellant Vs. LALIT KUMAR JAIN AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

Tender agreement – Termination of – enquiry report prepared by the M D was conducted ex parte & the M D failed to offer opportunity of hearing before passing the order impugned which terminated agreement for no justifiable reason to hold that the respondent was at fault . Bias therefore, cannot be ruled out, terminating the agreement cannot be sustained in law.

  SUPREME COURT OF INDIA FULL BENCH STATE OF U.P. — Appellant Vs. SUDHIR KUMAR SINGH AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and K.M. Joseph,…

Airfare refund – ticket booked during the lockdown period (from 25th March, 2020 to 24th May, 2020) for travel during lockdown period and the airline received payment for booking of air ticket for travel during lockdown, domestic & international ravel – airline shall refund the full amount without any cancellation charges – Refund within a period of three weeks from the date of cancellation.

  SUPREME COURT OF INDIA FULL BENCH PRAVASI LEGAL CELL AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 36A – Invitation for expression of interest- HELD The second meeting of the Committee of Creditors was held on 27.03.2018. The advertisement was approved in the said meeting – It was the unamended Regulation 36A that was in force at that time – This has not been appreciated by NCLAT, order of is flawed

  SUPREME COURT OF INDIA FULL BENCH THE KARAD URBAN COOPERATIVE BANK LIMITED — Appellant Vs. SWWAPNIL BHINGARDEVAY AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.…

Prevention of Food Adulteration Rules, 1955 – Rule 32(e) – Misbranded Standards – Product had the necessary barcode on it that contained all the relevant information as required by Rule 32(e) such as batch no./code no./lot no etc HELD information under Rule 32(e) with regard to the lot/code/batch identification to facilitate it being traced to the manufacturer are available prosecution to continue and it will be an abuse of the process of law

  SUPREME COURT OF INDIA FULL BENCH RAGHAV GUPTA — Appellant Vs. STATE (NCT OF DELHI) AND ANOTHER — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee,…

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