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The Legal Affair

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The Legal Affair

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Author: roshni.parwani

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  • Supreme Court Rules that RIICO is a Company Established under the Companies Act, Not a Statutory Authority
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17/06/2023, 3 years ago

Supreme Court Rules that RIICO is a Company Established under the Companies Act, Not a Statutory Authority

Background  In the matter of Bishambhar Prasad v. Arfat Petrochemicals (P) Ltd A number of appeals were filed against the High Court of Rajasthan’s judgement, which upheld Arfat Petrochemicals Pvt. Ltd.’s petition and overturned the Cabinet Committee of the State of Rajasthan’s decision and directive to the Rajasthan State Industrial Development and Investment Corporation Ltd. […]

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17/06/2023, 3 years ago

Karnataka High Court Dismisses Violation Charges Against Samsung India under Legal Metrology Act and Packaged Commodities Rules

Background Matrix  In the Matter Samsung India Electronics Pvt. Ltd. v. State of Karnataka the petition filed by Samsung India seeking to stop legal action taken against the company for violating the Legal Metrology Act of 2009, the Legal Metrology Numeration Rules of 2011, the Legal Metrology Packaged Commodities Rules of 2011, and other rules. […]

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17/06/2023, 3 years ago

Calcutta High Court Allows Section 11 Application, Allowing Arbitration Despite Dispute

Briefs Facts  In the case of Chandan Chatterjee v. Gita Sundararaman The petitioners were given control of Swarna School by the respondents after the respondents and trustees, who are in charge of the second division of the educational institution Swarna School, agreed into a memorandum of understanding to transfer the partnership company and the trust […]

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17/06/2023, 3 years ago

Supreme Court Upholds Section 327(7) of Companies Act, Excludes Preferential Workers’ Dues in IBC Liquidation

Factual Background  In the case of Moser Baer Karamchari Union v. Union of India, writ petitions were filed to have Section 327(7) of the Companies Act, 2013 struck down as being unconstitutionally arbitrary and in violation of Article 21 of the Indian Constitution, as well as to have the respondents instructed to exempt the statutory […]

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17/06/2023, 3 years ago

Delhi High Court Invalidates Arbitrator’s Decision, Citing Ineligibility

Factual Background  In the Matter Man Industries Limited v. Indian Oil Corporation Man Industries Limited, the petitioner, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the Arbitral Award dated 03-02-2018 issued by the Sole Arbitrator resolving the disputes between the parties in connection with the Purchase Order dated 08-08-2013 […]

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16/06/2023, 3 years ago

Meghalaya High Court Clears Son-in-Law of Attempted Murder Charge, Cites Lack of Intent

Factual Background  In the case of Shri Khrir Lyngkhoi v. State of Meghalaya a criminal petition that was submitted under Section 482 of the Code of Criminal Procedure, 1973, requesting the court to use its inherent authority to stop the actions being taken against the petitioner under Section 307 of the Penal Code, 1860. The […]

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16/06/2023, 3 years ago

Uttarakhand High Court Asserts State’s Constitutional Duty to Maintain Peace

Factual Background  In the instant matter at hand Association For Protection of Civil Rights v. State of Uttarakhand a Hindu Maha Panchayat filed a Public Interest Litigation suit on behalf of the state’s religious and cultural heritage. Allegedly, posters were placed in a number of stores run by the local minority community. It was anticipated […]

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16/06/2023, 3 years ago

Madras HC Rejects Claim for Compensation in Medical Malpractice Case, States Ineligibility for Authority

Factual Background  In the case of K. Mubeena Banu v. Tamil Nadu Health & Family Welfare Department and others In the current instance, the petitioner’s son was born with facial malformations. After evaluation, it was discovered that the child has a heart abnormality. The child was admitted to the Institute of Child Health and the […]

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16/06/2023, 3 years ago

Supreme Court Affirms Deceased Person’s Right to Compensation Despite Missing Train Ticket

Briefs Facts  In the matter of Kamukayi v. Union of India. On September 27, 2014, the dead arrived at Lalapettai Railway Station with his son, who had already purchased a train ticket to Karur and given it to the deceased before he boarded the train. Due to the crowded carriage and jolting of the train […]

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