The Division Bench comprising of Hon’ble Justice Shri J. B. Pardiwala and Hon’ble Justice Shri R. Mahadevan of the Apex Court in a recent ruling was pleased to issue directions vis-à-vis unauthorized constructions in addition to its ruling in Re. Directions in the matter of [...]
INTRODUCTION: In principle, a Trustee cannot buy the property of the trust in his own capacity and neither can any of his properties be sold to the trust - the mischief in both these scenarios being the likelihood of a conflict between his interest and [...]
The Nagpur Bench of the Hon’ble High Court of Bombay has in a recent ruling held that the power to impound passports can only be exercised by the Passport Authorities in conformity with the provisions of Section 10 of The Passport Act, 1967 and not under [...]
Introduction: The Supreme Court has ruled in a land mark judgment of Smt. Naresh Kumari & Ors. v. Smt. Chameli & Ors. (2024 INSC 965) that a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a [...]
Section 17(1) of the Registration Act, 1908, mandates the registration of certain documents related to immovable property to ensure transparency, authenticity, and legal validity. This includes documents such as sale deeds, leases and other instruments of transfer. However, Section 17(2)(xii) of the Registration [...]
Abstract: A popular traditional sport in the state of Tamil Nadu has recently been subject to a spree of controversial opinions across the country since it was placed for hearing yet again before the Hon’ble Supreme Court of India. Jallikattu, a traditional sport in which a [...]
Background: Recovery proceedings were initiated before commencement of CIRP but the attachment was made during CIRP period. The claim was filed by the department beyond time and was not admitted by the RP and the same was challenged before NCLT. The claim was rejected by [...]
The Hon’ble Supreme Court of India, in a recent judgment reaffirmed the right of an unmarried woman to safely and legally terminate her pregnancy. Widely hailed as a progressive judgment, the Supreme Court’s interpretation of the Medical Termination of Pregnancy Act, 1971 (“the [...]
This article deals with aspects relating to Oppression and Mismanagement under the Companies Act, 2013. Though the Act per se does not define the terms ‘oppression’ and ‘mismanagement’, the general meaning of both the terms is considered for all practical purposes. The meaning of ‘Oppression’, with respect to minority [...]
INRODUCTION The Insolvency and Bankruptcy Code, 2016 (“the Code”) is still at a nascent stage. They are varying and evolving interpretations of various concepts and terms under the Code. Since there is no exhaustive list of transactions which fall under the scope of the Code, there is a constant tussle [...]
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