Eminent Senior Advocate vs. Senior Advocate

The words “eminent Senior Advocate” occurring in Rule 4(5) of the 1995 Rules is not a synonym of the definition of a Senior Advocate as contained in the Advocates Act 1961. The writ petition filed with the Hon’ble High Court of Madras in the matter of Mallika vs. Union of India & Ors., W.P.(MD)No. 8172…

Position of Guarantor u/s 138 of the Negotiable Instruments Act, 1881

Important ingredient for the offence punishable under Section 138 is that cheque must have been issued for the discharge in whole or in part of any debt or other liability and if the cheque is not issued for the discharge of any debt or other liability, Section 138 cannot be invoked. The Hon’ble High Court…

NCLT vs. High Court vs. IBC

NCLT being a creature of a special statute to discharge certain specific functions, cannot be elevated to the status of a superior court having the power of judicial review over administrative action. The Hon’ble Supreme Court in the matter of M/s. Embassy Property Developments Pvt. Ltd. vs. State of Karnataka & Ors., Civil Appeal No….

Limitation period for IBC in case of proceeding under SARFEASI

As per Section 14(2) of Limitation Act in computing the period of limitation, the time spent in SARFEASI against the Corporate Debtor be excluded for the purpose of limitation for application under Section 7 of I&B Code. In the matter of Sesh Nath Singh & Ors. vs. Baidyabati Sheoraphuli Cooperative Bank Ltd., Company Appeal (Insolvency)…

Affidavit, whether consider as an Evidence?

Affidavit is not evidence within the meaning of Section 3 of the Evidence Act unless an opportunity to effectively cross-examine to the person(s) examined is given to other side as provided in Order 18 Rule 4 (2) of the CPC. The question for consideration would be, whether the affidavit evidence of the plaintiff, which was…

Arbitration vs. CPC

In the case of Arbitration, the provisions of CPC are to be followed as a guidance, whereas the provisions of the Arbitration Act are essentially to be first applied. Since, the Arbitration Act is a self-contained Act, the provisions of the CPC will apply only insofar as the same are not inconsistent with the spirit…

When can SEBI issue ex parte ad interim?

SEBI is empowered to pass an ex-parte interim order only in extreme urgent cases and that such power should be exercised sparingly. In the matter of Cameo Corporate Services Limited vs. Securities and Exchange Board of India, Appeal No. 566 of 2019, the appellant being aggrieved by the ex parte ad interim order dated October…

Power to appoint a sole arbitrator by an interested person

A person having an interest in the dispute or in the outcome or decision thereof, must not only be ineligible to act as an arbitrator but must also not be eligible to appoint anyone else as an arbitrator. Naturally, the person who has an interest in the outcome or decision of the dispute must not…