“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 […]

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 […]

The necessity of New Labour Laws in India

An article by Ms. Sheena Khan consultant at Mirza & Associates, Advocates & Attorneys India being the most labour-intensive country in the world, recently, took a progressive move of codifying 29 of its national-level labour laws into 4 codes which were 70-80 years old, enacted at the time of the industrial era. Many of India’s labour […]

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 […]

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 […]

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 […]

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’) […]

Arbitration & Conciliation (Amendment) Ordinance, 2020

This ordinance has come into force from 4th November 2020 and shall amend the Arbitration and Conciliation (Amendment) Act, 2019 (Principal Act) which was notified on 30th August 2019 and Arbitration and Conciliation (Amendment) Act 2019 came in to force. The ordinance: This ordinance shall incorporate the following additional proviso in the Principal Act: i.        […]

Pecuniary Jurisdiction of National Consumer Disputes Redressal Commission under Consumer Protection Act 2019

The National Consumer Disputes Redressal Commission has recently upheld in a judgment [M/s. Pyaridevi Chabiraj Steels Pvt. Ltd Vs. National Insurance Company Ltd. & Ors., C.C. No. 833/2020] which was passed in the light of amended Consumer Protection Act 2019 that the pecuniary jurisdiction of a competent consumer commission is to be determined by the […]