The Supreme Court of India has ruled that the moratorium under section 14 of the Insolvency and Bankruptcy Code (IBC) is applicable to cheque-dishonour complaints against the corporate debtor under the Negotiable Instruments (NI) Act (P. Mohanraj vs....
Read MoreA recent judgement by the Supreme Court of India, titled Quippo Construction Equipment Limited v. Janardan Nirman Pvt. Limited (AIR 2020 SC 2038), may have given some people the wrong ideas – or so it seems going by some of the reportage and online ...
Read MoreIf you filed a case with a State Commission or the National Commission under the 1986 Act and if that case is still pending, you can rest assured that it is unlikely to be transferred by virtue of the repeal and re-enactment. The Consumer Protection ...
Read MoreA lot of people often wonder if the pre-existence of a final report/charge sheet under section 173 of CrPC is necessary before a property can be attached under the Prevention of Money Laundering Act[1]. Another question that often comes up is whether...
Read More‘Supreme Court rules wrong diagnosis is not negligence,’ various website headlines screamed breathlessly, piquing and alarming the likes of this author who have a deep professional and academic interest in all things medical negligence. But is this ...
Read MoreThat a trespasser can sue to recover possession of an immoveable property when dispossessed of it other than through the due process of law is not in doubt (so long as they were in settled possession). But what about a trespasser who is fearful of be...
Read MoreIndian law puts a premium on settled possession, even if it’s a trespasser who is so possessed of an immovable property. The Supreme Court has repeatedly ruled that possession is to be respected even if it is not accompanied by title, and nobody (inc...
Read MoreWe often get asked questions like: Can I sue to recover possession of a shop that has been lying unused for five years under the Delhi Rent Control Act? What can I do under the Delhi Rent Control Act to recover possession of a commercial office space...
Read MoreWe often come across cases where one of the heirs of a person who died intestate complains that the other heirs are denying them their rightful share in the deceased’s property. The question that invariably crops up is whether they should apply for l...
Read MoreQuestions we get asked a lot: Is it true that the nominee gets to keep the money from a life insurance claim and the legal heirs of the insured person have no claim over it? Or would my mother not receive anything from my life insurance claim in case...
Read More