News letter 2023

SANJAY D. KAKADE V. HDFC VENTURES TRUSTEE COMPANY LTD. AND OTHERS Citation: Sanjay D. Kakade V. HDFC Ventures Trustee Company Ltd. and Others, Company Appeal (AT) (Insolvency) No. 481 of 2023, NCLAT Delhi, decided by Hon’ble Justice Ashok Bhushan and Barun Mitra, dated 24.11.2023. Ratio: Raising of amount by the Company through Share Subscription-cum-Shareholders Agreement […]

AKASH KUMAR VS UNION OF INDIA Citation: Akash Kumar Vs. Union of India, Writ No. 13293 of 2020, High Court of Allahabad, decided by Hon’ble Justice Ashwani Kumar Mishra, dated 05.01.2021. Ratio: The present case arises from denial of recruitment of candidate for constable of UP Police. The denial arose as during character verification it

Pradeep Madhukar More Suspended Director of Syntex Trading & Agency PVT LTD VS Central bank of India, Citation- Pradeep Madhukar More Suspended Director of Syntex Trading & Agency PVT LTD vs Central bank of India Company Appeal (AT) (Insolvency) No.837 of 2023 NCLAT- New Delhi, Decided by Ashok Bhushan, J. 09.06.2022. Ratio – An application

M. A Mohammed Sanaulla v State of Karnataka Citation- M. A Mohammed Sanaulla v State of Karnataka, 2023:KHC:29141-DB, High Court of Karnataka, decided by Hon’ble Justice G Narendar and Hon’ble Justice Vijaykumar A. Patil, on 17.08.2023 Facts – The High Court remanded a case for land grabbing of forest lands filed by the forest department

Union Bank of India v Financial Creditors of M/s Amtek Auto Limited & Ors Citation: Union Bank of India v Financial Creditors of M/s Amtek Auto Limited & Ors, CA No. 4620/2023, Hon’ble Supreme Court of India, decided by Hon’ble Justice Sanjay Kishan Kaul & Hon’ble Justice Sudhanshu Dhulia, Dated- 31.07.2023 Ratio: In the above

Indian overseas bank V. M/s. RCM Infrastructure Ltd Citation: Indian overseas bank V. M/s. RCM Infrastructure Ltd.: Civil Appeal No. 4750/2021, Supreme Court, decided by Hon’ble Justice B.R. Gavai. Ratio: The Apex Court clarified that after the initiation of Corporate Insolvency Resolution Process (CIRP) under Section 14(1) of the Insolvency and Bankruptcy Code (IBC), there

Subhash Waman Bavishkar and Ors. V. Adinath Hambirrao Budhwant and Anr. Citation: Subhash Waman Bavishkar and Ors. V. Adinath Hambirrao Budhwant and Anr (18.04.2023 – High Court at Bombay); Decided by Hon’ble Judge Shivkumar Dige. Ratio: Appeal arises out of order of the Motor Accident Claims Tribunal, Pune exonerating the Insurance Company from paying compensation

M/s. Asian Avenues Pvt Ltd vs Syed Shoukat Hussain Citation: Asian Avenues Pvt Ltd.vs Syed Shoukat Hussain, (28.04.2023 – Supreme Court): MANU/SC/0492/2023; Decided by Justice Abhay Shreeniwas and Justice Rajesh Bindal Ratio: The Supreme Court of India examined the arbitration clause in the Development Agreement and concluded that the dispute concerning the cancellation of the

1. Ganesh Prasad v. Rajeshwar Prasad Citation:  Ganesh Prasad v. Rajeshwar Prasad (14.03.2023 – SC): MANU/SC/0235/2023; Decided by the Hon’ble Justice Sudhanshu Dhulia and Hon’ble Justice J.B. Pardiwala Ratio: Based on a series of cases, the Court reached the conclusion that amendments to the plaint, written statement, or the filing of an additional written statement

1. Mita India Pvt. Ltd vs Mahendra Jain Citation: Mita India Pvt. Ltd vs Mahendra Jain (20.02.2023 – SC of India): MANU/SC/0145/2023; Decided by Justice V. Ramasubramanian and Justice Pankaj Mithal, Ratio: The law is settled that though the general power of attorney holder cannot delegate his powers to another person but the same can