SARFAESI – DRAT has no Power for Complete Waiver of the Deposit
In a recent judgment[1], the High Court of Bombay held that the Debt Recovery Appellate Tribunal (“DRAT”) had no power to completely waive the deposit required under section 18 of the Securitisation and Reconstruction of
Constitutionality of Section 56 of the Civil Procedure Code
The Bombay High Court recently dismissed a public interest litigation, which sought for a declaration that section 56 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “Code”) was ultra vires being
Construction of Repugnant Clauses in a Will
The Hon’ble Supreme Court in a recent judgement in Madhuri Ghosh v. Debobrotto Dutta C.A. No. 10742/2016 held that: when in a will, a testator has bequeathed his absolute interest in the property in favour
Supreme Court Disallows Wage Discrimination
The Supreme Court in its recent judgement in, State of Punjab v. Jagjit Singh and Ors in C.A. No. 213/2013, upheld the Constitutional principle of ‘equal pay for equal work’ with respect to temporaray employees
Cancellation of Registration: Certain Jurisdictional Questions
The Supreme Court of India in a recent judgement considered the power of registering authorities under the Registration Act 1908 (“Registration Act”) to cancel a deed already by registered by it. Facts in Brief– The
Revisiting Non-Compete Fee In Corporate Transactions
Recently, merger of two major Insurance companies brought the whole issue of non-compete fee (“NCF”) into limelight again. NCF is the fee paid to the promoters of target company in return of the assurance that
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