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Vsolve Intelexis Corporate lawyers, Trademark Attorneys and Insolvency Professional

The Supreme Court clarified that a relief of refund for an 'advance payment' as part of the sale consideration cannot be...
08/05/2025

The Supreme Court clarified that a relief of refund for an 'advance payment' as part of the sale consideration cannot be allowed unless a prayer seeking such a relief was included in the plaint.

The Court said that it would be impermissible for the Court to suo moto grant such a relief if not included in the plaint. The Court asserted that by way of an amendment to the pleadings, which can be sought at any stage of proceedings, the plaintiff can seek an alternative relief of refund as stated under Section 22(2) of the Specific Relief Act, 1963 (“SRA”).

In a notable judgment, the Supreme Court on Friday (May 2) held that stamp vendors fall within the definition of "public...
07/05/2025

In a notable judgment, the Supreme Court on Friday (May 2) held that stamp vendors fall within the definition of "public servants" under the Prevention of Corruption Act, 1988 and hence, can be proceeded under the PC Act for the corrupt practices.The Court held that it was the nature of the duty being discharged by a person which assumes paramount importance when determining

Summary of this judgment covers: A. An aggrieved person under Section 61 or Section 62 of IBC B. Section 61 (3) of the I...
07/05/2025

Summary of this judgment covers: A. An aggrieved person under Section 61 or Section 62 of IBC B. Section 61 (3) of the IBC: Can SRA challenge the approved Resolution Plan C. NCLAT’s directions on issue which was neither the subject matter before the NCLT nor before the NCLAT D. Mandatory requirement under Section 29A of IBC E. Whether the NCLAT has any powers of judicial review over the decisions taken by the Statutory Authority under the PMLA? F. CIRP Time Limit under Section 12 of IBC G. Role of Resolution Professional while conducting the entire CIRP H. Non-compliance of Mandatory Provisions and Misuse of Process of Law I. Mandates given in CIRP Regulations have to be strictly complied with by all the stakeholders as well as by the Authorities under the IBC J. Non-applicability CoC Commercial wisdom K. Implementation of the Resolution Plan by the Successful Resolution Applicant L. Binding nature of the NCLT’s approved Resolution Plan M. Conclusion N. Disposed

The NCLAT noted that Section 8(1) of the IBC requires an operational creditor to issue a demand notice individually upon...
06/05/2025

The NCLAT noted that Section 8(1) of the IBC requires an operational creditor to issue a demand notice individually upon default. Unlike financial creditors, operational creditors must proceed individually, as the IBC does not provide for joint initiation of the Corporate Insolvency Resolution Process (CIRP) under Sections 8 and 9.

The Supreme Court recently ruled that in a suit for specific performance of an agreement to sell, a subsequent purchaser...
06/05/2025

The Supreme Court recently ruled that in a suit for specific performance of an agreement to sell, a subsequent purchaser may not be a 'necessary party' but can be a 'proper party' if their rights are affected by the adjudication of the dispute. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the Appellant (who was stranger to the suit) sought impleadment

The NCLAT upheld that once the resolution plan is approved by the CoC, the rights and obligations under the plan are fin...
05/05/2025

The NCLAT upheld that once the resolution plan is approved by the CoC, the rights and obligations under the plan are finalized, and a party cannot later seek a change in the classification of their claim (e.g., from an operational debt to a financial debt) if they failed to file the claim at the appropriate stage.

The Supreme Court has held that its 2015 direction requiring prior permission of the Court for tree felling in Taj Tr**e...
05/05/2025

The Supreme Court has held that its 2015 direction requiring prior permission of the Court for tree felling in Taj Tr**ezium Zone will continue to apply for felling of any tree within aerial distance of 5 kms of Taj Mahal. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order in the MC Mehta case concerning tree cutting and other environment issues in the protected.

Insofar as the vesting of powers of demolition in the RERA authorities are concerned, this Court has drawn a conclusion ...
03/05/2025

Insofar as the vesting of powers of demolition in the RERA authorities are concerned, this Court has drawn a conclusion that no such power of demolition becomes vested in the RERA authorities. However, the said power of demolition in respect of the constructions deviating from the sanctioned plans, may become vested either in the Commissioner of the Municipal Corporation concerned, or with the Town and Country Planning Department concerned, but the exercisings of the said jurisdiction, becomes dependent upon, whether the apposite construction falls within the corporation limits, or within the territorial jurisdiction of the Town and Country Planning Department, or within the jurisdiction of some other functional statute, with envisagings thereins vis-a-vis the power to make an order for demolition of constructions, in case, there are deviations from the sanctioned plans, as approved by any statutory authority concerned.

The Calcutta High Court has held that the attempt of a man to grope a minor girl's breast in an inebriated state, did no...
03/05/2025

The Calcutta High Court has held that the attempt of a man to grope a minor girl's breast in an inebriated state, did not tantamount to the offence of attempted r**e under the POCSO act, but could be categorised as attempt to commit aggravated sexual assault due to there being no penetrative act.A division bench of Justices Arijit Banerjee and Biswaroop Chowdhury held:We have carefully.

The NCLAT clarified that Section 8(2)(a) of the Insolvency and Bankruptcy Code, 2016 — which allows the corporate debtor...
02/05/2025

The NCLAT clarified that Section 8(2)(a) of the Insolvency and Bankruptcy Code, 2016 — which allows the corporate debtor to dispute a debt in its reply to a demand notice — does not dilute the strict requirements under Section 9(5)(ii)(d) for admitting or rejecting a Section 9 application (initiated by an operational creditor).

The Supreme Court held a man guilty of civil contempt after observing that he had misled the court to obtain an order th...
02/05/2025

The Supreme Court held a man guilty of civil contempt after observing that he had misled the court to obtain an order that he never intended to comply with. “A party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court.”, the bench comprising Justices

In the case Surinder Singh and Ors. vs. Achintya Healthcare Pvt. Ltd. and Ors., the NCLAT New Delhi held that complaints...
01/05/2025

In the case Surinder Singh and Ors. vs. Achintya Healthcare Pvt. Ltd. and Ors., the NCLAT New Delhi held that complaints regarding termination or removal of directorship cannot be entertained under a petition for oppression and mismanagement filed under Sections 241-242 of the Companies Act, 2013. The Tribunal clarified that loss of directorship, by itself, does not constitute oppression against the shareholder rights of a person, unless it affects their rights as a member/shareholder. Thus, grievances related solely to removal from the Board must be addressed through appropriate legal remedies and not through an oppression and mismanagement petition.

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