Optimizing Consumer Litigation Management: A Comprehensive Company Strategy

Consumer litigation poses a substantial challenge to companies of all sizes, encompassing legal processes where consumers seek accountability from companies for product or service-induced damages. The financial and reputational repercussions of mishandling such lawsuits underscore the need for a well-prepared corporate legal department. Effectively addressing consumer disputes necessitates a multi-faceted strategy, spanning prevention, swift response, […]

313531 Wed+05:302023-08-30T13:52:35+05:30+05:3008b+05:30Wed, 30 Aug 2023 13:52:35 +0530 2017
No Comments

The Pros and Cons of Arbitration vs. Litigation: What’s the Best Option for Your Business?

Introduction As a business owner, you know that disputes are bound to arise. Whether it’s a disagreement with a vendor over a contract or a legal battle with a competitor over intellectual property, conflicts can be costly and time-consuming. That’s why it’s important to have a plan in place for resolving disputes quickly and effectively. […]

313428 Sun+05:302023-02-26T19:16:34+05:30+05:3002b+05:30Sun, 26 Feb 2023 19:16:34 +0530 2017
No Comments

How can we execute a Civil Decree in another State or District Court?

Enforcement of a Civil Decree in the same Civil Court that passed said decree by filing an execution petition is always easy because the executing Court duly recognizes the said Decree. However, in the situation when Defendant/Judgment-Debtor does not have any movable or immovable property in the territorial jurisdiction of said Civil Court and in […]

312728 Sat+05:302023-02-04T17:51:27+05:30+05:3002b+05:30Sat, 04 Feb 2023 17:51:27 +0530 2017
No Comments

How a Foreign Arbitration Award can be enforced in India

Foreign arbitration awards, also known as international commercial arbitration awards, refer to decisions made by arbitrators in disputes between parties from different countries. These awards can be enforced in India through the process of execution. The first step in executing a foreign arbitration award in India is to ensure that the award is enforceable under […]

312931 Sun+05:302023-01-22T17:03:29+05:30+05:3001b+05:30Sun, 22 Jan 2023 17:03:29 +0530 2017
No Comments

Redefining The Scope Of Section 9 Of IBC, 2016

“Application under Section 9 IBC is maintainable despite proceedings of  execution  pending before Civil Court” – National Company Law Appellate Tribunal [NCLAT] The NCLAT Principal bench of Justice Ashok Bhushan and Dr Alok Srivastava in a recent case, Mukul Agarwal vs Royale Resinex Pvt. Ltd & Anr decided that the operational creditor is not barred […]

313330 Wed+05:302022-04-13T17:26:33+05:30+05:3004b+05:30Wed, 13 Apr 2022 17:26:33 +0530 2017
2 Comments

Decoding the Criminal Procedure (Identification) Bill, 2022

The Criminal Procedure (Identification) Bill, 2022  was passed on April 6, 2022, with the goal of making the criminal investigation more effective and timely through the use of modern technology. It intends to allow for the collecting, storage, and analysis of biometric samples from convicts and all those who are involved in any kind of […]

No Comments

Now Applicability of Moratorium Under Insolvency Means Stay on Cheque Bounce Proceedings

The Madras High Court in a recent Judgment in M/s Nag Leather Pvt. Ltd. V. M/s Muzain Hides reiterated the observations made by Hon’ble Apex Court in P. Mohanraj Mohanraj and Ors. V. Shah Brothers Ispat, held that upon imposition of Moratorium under Section 14 of Insolvency And Bankruptcy Code (the Code), proceedings under Section […]

314228 Thu+05:302022-02-03T23:29:42+05:30+05:3002b+05:30Thu, 03 Feb 2022 23:29:42 +0530 2017
1 Comment

Impact of New minimum threshold limit under IBC 2016 will be prospective

There was some ambiguity in last more than one year in respect of applicability of Notification SO 1205(E) dated 24th March 2020 issued by the Ministry of Corporate Affairs. Said notification had increased the threshold limit of filing the insolvency petition either in section 7 or 9 of Insolvency & Bankruptcy Code 2016 [IBC 2016] […]

314431 Thu+05:302021-12-30T01:07:44+05:30+05:3012b+05:30Thu, 30 Dec 2021 01:07:44 +0530 2017
No Comments

“Haircut” under Insolvency Laws

An article by Ms. Kaushiki Ranjan legal researcher at Mirza & Associates, Advocates & Attorneys Recently, “haircuts” have been reported by lenders under resolution plans approved under the provisions of the Insolvency and Bankruptcy Code (IBC). A haircut, in this context, refers to a reduction in creditors’ recoveries compared to their claims presented to an insolvency professional, as […]

310631 Sun+05:302021-12-05T17:43:06+05:30+05:3012b+05:30Sun, 05 Dec 2021 17:43:06 +0530 2017
No Comments

Doctors are still covered under the ambit of the New Consumer Protection Act, 2019

After the enactment of the New Consumer Protection Act 2019, there is a debatable question among, legal practitioners, medical practitioners, Judicial and quasi-judicial platforms that whether medical practitioners or doctors come under the preview of New Consumer Protection Act 2019 and consumer complaint can be filed against them for any deficiency in service. This question […]

315730 Thu+05:302021-11-18T22:29:57+05:30+05:3011b+05:30Thu, 18 Nov 2021 22:29:57 +0530 2017
No Comments

The onus of proof that there was a deficiency in service is on the Complainant

The Supreme Court of India comprising of Justice Hemant Gupta & Justice V Ramasubramaniam allowed the appeal on 06.10.2021 in the case “SGS India Ltd. versus Dolphin International Ltd.” and held that the onus of proof that there was deficiency in service is on the complainant. If the Complainant is able to discharge its initial […]

310031 Sat+05:302021-10-16T23:00:00+05:30+05:3010b+05:30Sat, 16 Oct 2021 23:00:00 +0530 2017
1 Comment

No Liability for the Company Officials Unless Allegations on the Individual Role

The Supreme Court recently in the case of, Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd, upheld the decision of Karnataka High Court of dismissing the revision petitions and confirming the judgment of Sessions Court for setting aside the orders of the Magistrate that issued the summons to the respondent nos. 1-8, where respondent numbers […]

312531 Thu+05:302021-10-14T17:46:25+05:30+05:3010b+05:30Thu, 14 Oct 2021 17:46:25 +0530 2017
No Comments

Section 27 Of the General Clauses Act would be applicable on service of Demand Notice U/S 138 of the Negotiable Instrument Act

An article by Ms. Mansi Indurkar third-year law student of National Law University, Odisha Recently, Tripura High Court has held that the part of the payee is over once the demand has been issued as given under the Negotiable Instruments Act, 1881, is sent by post to the correct address in the event of dishonor […]

313331 Wed+05:302020-12-23T18:42:33+05:30+05:3012b+05:30Wed, 23 Dec 2020 18:42:33 +0530 2017
2 Comments

Section 9 of the Arbitration & Conciliation Act can not be treated as a tool of ex-party repossession of Vehicles.

An article by Mr. Shubhit Gaur, 3rd Year Law Student of Symbiosis Law School, Pune In the recent order of New Morning Star Travels v Volkswagen Finance Ltd.’ (decided on 9th November 2020), the Hon’ble High Court of Delhi held that coercive ex-parte orders under Section 9 of the Arbitration and Conciliation Act (‘The Act’) […]

314931 Sun+05:302020-12-20T11:36:49+05:30+05:3012b+05:30Sun, 20 Dec 2020 11:36:49 +0530 2017
8 Comments