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. […]
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 […]
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 […]
“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 […]
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 […]
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 […]
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] […]
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 […]
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 […]
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 […]
