TRENDS
HC asks SpiceJet's KMP to file affidavit on payment schedule to engine lessor, rejects CBO's affidavit
Rejecting an affidavit filed by the airline’s general manager (legal), the court said that the document should be filed through a person, who could be held accountable if the company fails to meet its payment obligations.
TRENDS
GSTAT: Relaxing retirement age, eligibility criteria of members to bring efficiency, say tax experts
Bigger bench strength to help reduce pendency of cases, but the government should go for recruitment of members on war footing, they say.
TRENDS
Go First: Delhi HC defers contempt proceedings as RP, lessors deliberate on aircraft maintenance
The Resolution Professional (RP) and the lessor are discussing on engaging a third party agency to maintaining the aircrafts and collating the documents relating to it
LEGAL
Resolution professional under insolvency code not a public servant , Delhi HC holds
The Delhi HC has differed from a 2023 Jharkhand HC's decision wherein it was held that the RP is a public servant under the prevention of corruption act.
TRENDS
MC Explains: Why SC ruled that nominees cannot claim ownership of securities
The apex court said the vesting of securities in favour of the nominee was for the limited purpose of ensuring there is no confusion pertaining to the legal formalities to be undertaken upon the death of the holder.
TRENDS
Who is an advocate general? What is their role and why do some states replace them frequently?
West Bengal has had six AGs in the past 12 years, while Punjab has had three over the past 18 months.
TRENDS
HC pulls up SpiceJet, seeks fresh affidavit on payments to engine leasing firm
Engine Lease Finance BV has alleged that the low-cost airline has failed to make payments as agreed. SpiceJet must pay over $2 million to Engine Lease finance by January
TRENDS
Delhi HC directs SpiceJet to pay $450,000 to two engine lessors by January 3
The lessor, Team France 01 SAS and Sunbird France 02 SAS moved a suit alleging that the airline has not paid them a sum of $12.9 million for a over two years. They furthermore asked the court to restrain the airline from using their three engines despite the termination of lease
TRENDS
Cement cartelisation case: HC junks UltraTech's plea against CCI making builders body a party
The court noted that the law has enough procedural safeguards in place to ensure Builders Association of India is not given access to confidential information
TRENDS
Delhi HC to hear Mahua Moitra's plea against vacating residence after SC order on expulsion
During the course of the hearing, Mahua Moitra's lawyer told the court that she be allowed to retain possession of the accommodation till May 31, 2024.
TRENDS
CCI junks ex-Air India pilot's objections to airline's merger with Vistara
According to the order, the pilot asked CCI not to approve the merger of Air India with any other airline or business group.
TRENDS
SC has mostly addressed the lacunae in IBC, now tribunals need to implement properly: Chinmoy Pradip Sharma, Sr Advocate
Sharma said some lacunae, like the CoC comprising only financial creditors, still need to be addressed as it reduces operational creditors to being silent spectators in the entire CIRP.
TRENDS
Judgment enabling women to head HUFs is a logical step after equal inheritance rights: Experts
Women have rights in both matrimonial and parental HUFs. The judgment goes on to clarify that even if a woman is married, she can be the karta of her parental HUF.
TRENDS
SC’s order on unstamped agreements will have positive impact on dispute resolution: Experts
The seven-judge bench overturned a previous judgement to rule that unstamped or partially stamped arbitration agreements are enforceable by law. This decision has removed the ambiguity surrounding stamping of arbitration agreements.
TRENDS
SC gives Maharashtra speaker 10 more days to decide on Sena MLAs disqualification
The court had earlier set December 31 deadline for Rahul Narwekar to decide the pleas. He sought a 15-day extension but the court agreed to 10 days
TRENDS
Engine lessor moves plea in Delhi HC against SpiceJet over non-compliance of undertaking
The application is now likely to come up for hearing on December 19.
TRENDS
Supreme Court defers Mahua Moitra's plea against expulsion to January 3
The case was adjourned after Justice Sanjiv Khanna, who is leading the bench, said he received case files late and could not go through them properly. The court will be closed for winter break from December 16 to January 2
TRENDS
SC refuses interim relief to Games 24x7, Head Digital Works against GST demand
The court however indicated that they will consider a case on constitutional validity of the government's decision to imposed 28 percent GST on online gaming companies retrospectively on the full value of the bets placed
TRENDS
NCLAT refuses to stay Zee-Sony merger, case to be heard finally in January
The appellate tribunal has also sought the responses of ZEEL in the appeals and adjourned to case to January 8.
TRENDS
Delhi HC vacates Makemytrip's injunction against Google and Booking in 'adwords' case
Makemytrip had claimed that whenever a person would do a google search for 'Makemytrip', they would be shown an advertisement of booking.
TRENDS
Only successor can claim shares or debentures, and not nominee, rules SC
As per the judgment, even if a person is a nominee in the share/debenture certificate he is not entitled to inherit it by default. The inheritance or the succession of these instruments will be determined by the contents of the deceased's will or as per the succession laws.
TRENDS
SC’s judgment on unstamped agreements is pro-arbitration: Gourab Banerji, senior advocate
On December 13, a seven-judge bench of the Supreme Court unanimously held that unstamped arbitration agreements are legally enforceable.
TRENDS
SC asks Punjab to speed up collecting fines levied for stubble burning
The court has also directed the Committee of Air Quality Management (CAQM) to look into waste management and ensure that the pollution is not aggrevated in the next winter.
TRENDS
SC bench holds unstamped arbitration agreements enforceable
This is a significant decision from the apex court as it has overruled the judgment of five judge bench which had in April 2023 held that unstamped arbitration agreements were not legally enforceable.
