JurisQuest

JurisQuest JurisQuest is a multi-disciplinary law firm based in Bengaluru, India. Our team devises and implemen

Where the request is not to extend the time limit but to exclude the period due to litigation, the exclusion is liable t...
23/08/2018

Where the request is not to extend the time limit but to exclude the period due to litigation, the exclusion is liable to be allowed. Where the CIRP (Corporate Insolvency Resolution Process) could not be completed within the statutory period as fixed under section 12 because of acts beyond the control of the applicants, non-exclusion of period of stay due to interim order of stay from limitation would cause grave injustice to the applicant. [ 36 more words ]

Where the request is not to extend the time limit but to exclude the period due to litigation, the exclusion is liable to be allowed. Where the CIRP (Corporate Insolvency Resolution Process) could not be completed within the statutory period as fixed under section 12 because of acts beyond the contr...

Prima facie, in absence of any information through any source while scrutinizing the resolution plan under Section 30(2)...
22/08/2018

Prima facie, in absence of any information through any source while scrutinizing the resolution plan under Section 30(2), the Resolution Professional cannot hold or decide as to who is ineligible under Section 29A. Section 30(2) does not confer such power to the Resolution Professional nor there is any other provision conferring such power to the Resolution Professional to scrutinize the eligibility of one or other Resolution Applicant. Link :

Prima facie, in absence of any information through any source while scrutinizing the resolution plan under Section 30(2), the Resolution Professional cannot hold or decide as to who is ineligible under Section 29A. Section 30(2) does not confer such power to the Resolution Professional nor there is....

I&B Code is a special law having an overriding effect on any other law as mandated under Section 238 of I&B Code. Trigge...
20/08/2018

I&B Code is a special law having an overriding effect on any other law as mandated under Section 238 of I&B Code. Triggering of Insolvency Resolution Process cannot be defeated by taking resort to pendency of internal dispute between Directors of Corporate Debtor on allegations of Oppression and Mismanagement. Inter-se dispute between the Directors as regards transfer of shareholding and allegations of Oppression and Mismanagement stated to be pending adjudication before the Tribunal may or may not be a fixed match to jeopardize the legitimate interests of Investor/Financial Creditor. [ 73 more words ]

I&B Code is a special law having an overriding effect on any other law as mandated under Section 238 of I&B Code. Triggering of Insolvency Resolution Process cannot be defeated by taking resort to pendency of internal dispute between Directors of Corporate Debtor on allegations of Oppression and Mis...

Soon after homebuyers have been given financial creditor status, the Allahabad Bench has found a certain category of hom...
06/08/2018

Soon after homebuyers have been given financial creditor status, the Allahabad Bench has found a certain category of homebuyers to not be financial creditors. Ajay Walia, the applicant, in this case, booked an apartment with Sunworld Residency Pvt Ltd in 2014 for which he had obtained a loan from HDFC Bank. Two agreements were signed between Walia and Sunworld, first was the [ 236 more words ]

Soon after homebuyers have been given financial creditor status, the Allahabad Bench has found a certain category of homebuyers to not be financial creditors. Ajay Walia, the applicant, in this case, booked an apartment with Sunworld Residency Pvt Ltd in 2014 for which he had obtained a loan from HD...

Virtual DPO as a Service The General Data Protection Regulation (GDPR) does not specify that the data protection officer...
10/04/2018

Virtual DPO as a Service The General Data Protection Regulation (GDPR) does not specify that the data protection officer to be a full-time employee. Hence, the DPO may be a staff member or an outsourced partner based on a service contract. In fact, companies need not worry having a dedicated resource such data protection officer as a virtual DPO or an outsourced DPO would be a cost-effective solution. [ 354 more words ]

Virtual DPO as a Service The General Data Protection Regulation (GDPR) does not specify that the data protection officer to be a full-time employee. Hence, the DPO may be a staff member or an outsourced partner based on a service contract. In fact, companies need not worry having a dedicated resourc...

Where the Tribunal did not give any findings on the issues relating to share capital and oppression committed against th...
15/02/2018

Where the Tribunal did not give any findings on the issues relating to share capital and oppression committed against the appellant and dealt with the matter relating to removal of the appellant from directorship only, the matter is liable to be remanded to the Tribunal to deal with the issues on merit. Where the appellant with complaints of oppression/mismanagement had approached the Tribunal but its grievances under various section of the Act with prayers for transfer of shares, allotment of shares, and for meetings deciding allotment to be declared null and void, but the Tribunal without going into merits of the case merely dealt with matter relating to removal of the appellant from directorship, the approach of the Tribunal to pick and choose the issues was not appropriate without giving findings on the oppression committed against the appellant, if any. [ 119 more words ]

Where the Tribunal did not give any findings on the issues relating to share capital and oppression committed against the appellant and dealt with the matter relating to removal of the appellant from directorship only, the matter is liable to be remanded to the Tribunal to deal with the issues on me...

IN THE HIGH COURT OF KERALA AT ERNAKULAM P.B.SURESH KUMAR, J. W.P.(C).No.16045 of 2016 Dated 12 th August, 2016 PETITION...
04/07/2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM P.B.SURESH KUMAR, J. W.P.(C).No.16045 of 2016 Dated 12 th August, 2016 PETITIONER(S) PUNARJANI CHARITABLE TRUST, A LADY LAWYER�S INITIATIVE, REGISTERED NO. 29/2011, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, DOOR NO. 301, INDO ARCADE, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY ITS TRUSTEE SAPN ... Read more at Case Laws

http://www.jurisquest.com/case-laws-punarjani-charitable-trust-vs-union-of-india-kerala-high-court-12-08-2016-2/

IN THE HIGH COURT OF KERALA AT ERNAKULAM P.B.SURESH KUMAR, J. W.P.(C).No.16045 of 2016 Dated 12 th August, 2016 PETITIONER(S) PUNARJANI CHARITABLE TRUST, A LADY LAWYER’S INITIATIVE, REGISTERED NO…

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION (T.S.Thakur, CJI) (A.M. Khanwilkar, J.) (Dr. D.Y. Chandrachud,...
03/07/2017

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION (T.S.Thakur, CJI) (A.M. Khanwilkar, J.) (Dr. D.Y. Chandrachud, J.) August 16, 2016 WRIT PETITION (CIVIL) No. 462/2007 Arvind Kumar Sharma �.�.Petitioner Versus Union of India & Ors. �.Respondents J U D G M E N T A.M. KHANWILKAR, J. 1. This Writ Petition un ... Read more at Case Laws

http://www.jurisquest.com/case-laws-arvind-kumar-sharma-vs-union-of-india-supreme-court-of-india-16-08-2016-2/

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION (T.S.Thakur, CJI) (A.M. Khanwilkar, J.) (Dr. D.Y. Chandrachud, J.) August 16, 2016 WRIT PETITION (CIVIL) No. 462/2007 Arvind Kumar Sharma â…

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (T.S.Thakur, CJI) (A.M. Khanwilkar, J.) (Dr. D.Y. Chandrachud...
02/07/2017

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (T.S.Thakur, CJI) (A.M. Khanwilkar, J.) (Dr. D.Y. Chandrachud, J.) August 16, 2016 CIVIL APPEAL NO.2606/2013 Baburao s/o Narayanrao Terkar �.�.Appellant Versus Pokhardas s/o Bhanumal Khatnani died through L.Rs. and others �.Respondents J U D G M E N T A.M. K ... Read more at Case Laws

http://www.jurisquest.com/case-laws-baburao-vs-pokhardas-supreme-court-of-india-16-08-2016-2/

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (T.S.Thakur, CJI) (A.M. Khanwilkar, J.) (Dr. D.Y. Chandrachud, J.) August 16, 2016 CIVIL APPEAL NO.2606/2013 Baburao s/o Narayanrao Terkar…

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI BEFORE: HON�BLE DR. B.C. GUPTA, PRESIDING MEMBER HON�BLE M...
01/07/2017

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI BEFORE: HON�BLE DR. B.C. GUPTA, PRESIDING MEMBER HON�BLE MR. PREM NARAIN, MEMBER Dated : 16 Aug 2016 REVISION PETITION NO. 3216 OF 2015 (Against the Order dated 07/10/2015 in Appeal No. 381/2015 of the State Commission Haryana) 1. FUTURE GENERALI INDIA INSURANCE CO. LTD. 0 ... Read more at Case Laws

http://www.jurisquest.com/case-laws-future-generali-india-insurance-vs-sombir-ncdrc-16-08-2016-2/

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI BEFORE: HON’BLE DR. B.C. GUPTA, PRESIDING MEMBER HON’BLE MR. PREM NARAIN, MEMBER Dated : 16 Aug 2016 REVISION PETITION NO. 3216 OF 2015…

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (T.S. Thakur, CJI) (A.M.Khanwilkar, J.) (Dr.D.Y.Chandrachud, ...
30/06/2017

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (T.S. Thakur, CJI) (A.M.Khanwilkar, J.) (Dr.D.Y.Chandrachud, J.) August 16, 2016 CIVIL APPEAL NO.8047 / 2016 (Arising out of SLP (Civil) No.13832/2016) State of U.P. & Ors. ��..Appellants Versus Dr. Dinesh Singh Chauhan ��.Respondent WITH CIVIL APPEAL N ... Read more at Case Laws

http://www.jurisquest.com/case-laws-state-of-u-p-vs-dr-dinesh-singh-chauhan-supreme-court-of-india-16-08-2016-2/

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (T.S. Thakur, CJI) (A.M.Khanwilkar, J.) (Dr.D.Y.Chandrachud, J.) August 16, 2016 CIVIL APPEAL NO.8047 / 2016 (Arising out of SLP (Civil) N…

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION and JJ. August 16, 2016 CIVIL APPEAL NO. 4861 OF 2012 Virende...
29/06/2017

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION and JJ. August 16, 2016 CIVIL APPEAL NO. 4861 OF 2012 Virender Khullar � Appellant Versus American Consolidation Services Ltd. & ors. �Respondents WITH CIVIL APPEAL NO. 9217 OF 2012 J U D G M E N T Prafulla C. Pant, J. ... Read more at Case Laws

http://www.jurisquest.com/case-laws-virender-khullar-vs-american-consolidation-services-ltd-supreme-court-of-india-16-08-2016-2/

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION [R.K. Agrawal]and[Prafulla C. Pant] JJ. August 16, 2016 CIVIL APPEAL NO. 4861 OF 2012 Virender Khullar … Appellant Versus American Conso…

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