11/09/2023
Refusal of adjournment sought by the counsel of the opposite party and hearing only the complainant only to allow the complaint, violates the principles of natural justice. Supreme Court remands the matter back to NCDRC to grant reasonable opportunity to both sides to address arguments on merits. ARN Infrastructure India Limited v. Hara Prasad Ghosh Hon’ble Justice B.V. Nagarathna & Hon’ble Justice Ujjal Bhuyan Decided on 4th September, 2023 For full textclick here
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It’s only after the registration of a firm under the MSME Scheme can the benefit of the procedure, stipulated in the MSME Framework, before declaring an account as an NPA accrues. –– Kerala High Court The Court dismissed the original Petition challenging the SARFAESI proceedings initiated against the Original Petitioner on the ground of availability of alternative remedy before DRT and further held that the benefit of MSME registration is available to the enterprise and not to...
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Section 6A of Delhi Special Police Establishment Act which has been struck down as unconstitutional by a 2014 constitution bench judgment will have retrospective operation: SC Constitution Bench Section 6A which mandates the CBI to take prior sanction of the Central Government before investigating an officer of the rank of joint secretary and above in corruption cases was struck down as unconstitutional in 2014 (Dr. Subramanian Swamy v. CBI 2014(2) KLT SN 65 (C.No.82)SC) leaving a question whe...
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Provisions of amended CPC under Section 16 of Commercial Courts Act would come into play only from the stage of transfer of proceedings from regular civil Court to special court and not earlier. – Kerala High Court A suit was transferred to the Commercial Court after the completion of pleadings, and after the transfer the Plaintiff challenged the submission of written statement on the ground that it was filed beyond the period of 120 days as mandated under Section 16 of the Commercial Cou...
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Kerala Municipality (Amendment) Bill, 2023 Bill No. 176 For full textclick here Kerala Panchayat Raj (Amendment) Bill, 2023 Bill No. 175 For full textclick here
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