DUOMATIC PRINCIPLE, HOW IT CAN BE ESTABLISHED?
The Supreme Court bench comprising Justices Vineet Saran and JK Maheshwari held in a recent judgment1 that the Duomatic Principle is applicable even in the Indian context which states that ‘Strict adherence to a statutory
NCLT HAS JURISDICTION OVER PERSONAL GUARANTORS EVEN IF NO CIRP/LIQUIDATION IS PENDING AGAINST CORPORATE DEBTOR : SUPREME COURT
Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath held that NCLT has jurisdiction over proceeding against personal guarantors of corporate debtor under Insolvency and Bankruptcy Code (“I&B Code”) even if
ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court
The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment1 Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the
SALARIES OF THOSE EMPLOYESS WHO WORKED DURING CIRP CONSTITUTE CIRP COSTS & PROVIDENT FUND, GRATUITY FUND TO BE KEPT OUT OF THE LIQUIDATION ESTATE
The Supreme Court bench comprising of Justices MR Shah and Aniruddha Bose in the recent Judgement1 held that: – the wages or salaries of only such workmen/employees, who worked during the Corporate Insolvency Resolution Process
ARBITRAL AWARD IS NULL AND VOID IF PASSED PAST THE PRESCRIBED PERIOD: TELANGANA HC
The Telangana High Court comprising Justice P. Naveen Rao and Dr. Justice G. Radha Rani, in a recent Judgement1 held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (the “Act”),
An Arbitral Award can be set aside only when it is vitiated by patent illegality: SUPREME COURT
The Supreme Court, in a recent judgement1, delivered on 30th March 2022, noted that apart from the grounds mentioned in Section 34(2)(b) of the Arbitration and Conciliation Act, 2013 (the “Act”), an arbitral award can
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