December 2017

November 2017

August 2017

Punjab Package of Incentives, 1992-lnvestment Incentive (subsidy)– If a unit is sold then the amount of subsidy sanctioned for that unit is to be released to purchase unit.

By | August 21st, 2017|Corporate cases|

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Societies—Mid-term Polls—Administrator has the power to hold the elections before the expiring of its term when the governing body, once elected, is out of power.

By | August 20th, 2017|Corporate cases|

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Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

By | August 9th, 2017|Corporate cases|

Comments Off on Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

July 2017

Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000–Allotment of Site-Interest on reserved price-Subsequent purchaser

By | July 25th, 2017|Corporate cases|

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Notaries Rules, 1956, R.8–Proviso–Renewal of certificate of practice-Application has to be filed six months before the date of expiry however delay can be condoned as per proviso-

By | July 21st, 2017|Corporate cases|

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Employees Provident Funds and Miscellaneous Provisions Act, 1952, S.7-A–Jurisdiction of Civil Court-Violation of the procedure prescribed under the Act will itself give a power to the Civil Court to examine whether the notice issued was competent or not

By | July 20th, 2017|Corporate cases, Jurisdiction - Civil Court|

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June 2017

Bank Guarantee-Invocation of-The bank guarantee is an instrument, which entitles a person in whose favour it is issued to receive the amount immediately the same is invoked—It is not that it is conditional on deposit of the amount by the person who furnishes the bank guarantee.

By | June 24th, 2017|Corporate cases|

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Motor Vehicles Act, 1988, S.2(25)–Permit–Permits to maxicabs cannot be issued in the name of auto rikhshaw as both having different sitting capacity.

By | June 13th, 2017|Corporate cases|

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Auction Sale-Confirmation of Sale-Once the auction sale is confirmed by the Competent Authority, it is not open to the Authority to exercise power under relevant rule, to set aside the sale-

By | June 3rd, 2017|Corporate cases|

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May 2017

SARFAESI—Territorial Jurisdiction—Properties located in different states–Petitioners are entitled to file an application under Section 17(1) before any one of the DRT within whose jurisdiction any one of the secured assets is located.

By | May 28th, 2017|Corporate cases|

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Advocates—Disposal of Complaint—After transfer of a disciplinary proceedings to Bar Council of India from the State Bar Council after one year of filing complaint; BCI cannot sent it back to the State Bar Council with the direction to decide the controversy within stipulated time.

By | May 17th, 2017|Corporate cases|

Comments Off on Advocates—Disposal of Complaint—After transfer of a disciplinary proceedings to Bar Council of India from the State Bar Council after one year of filing complaint; BCI cannot sent it back to the State Bar Council with the direction to decide the controversy within stipulated time.

SARFAESI–In the eventuality of issuance of any subsequent notice to the borrower during the pendency of SA, the borrower is not required to file fresh S.A every time—Plaint can be amended accordingly.

By | May 14th, 2017|Corporate cases|

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Accident—During course of employment—Driver who is sitting in the vehicle but not driving and suffers injuries would be entitled to benefits of the Employees Compensation Act.

By | May 2nd, 2017|Corporate cases|

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April 2017

Punjab Regional and Town Planning and Development Act, 1995, S.45-When the authorities have been prevented from selling their property through open auction to the second highest bidder, due to the petitioners, the insistence of the authorities to make good the loss suffered by them, by forfeiting the amount of highest bidder surely calls for no interference.

By | April 27th, 2017|Corporate cases|

Comments Off on Punjab Regional and Town Planning and Development Act, 1995, S.45-When the authorities have been prevented from selling their property through open auction to the second highest bidder, due to the petitioners, the insistence of the authorities to make good the loss suffered by them, by forfeiting the amount of highest bidder surely calls for no interference.

Advocates—Professional Misconduct—Mere negligence or error of judgment on the part of an advocate would not amount to professional misconduct. Advocates—An advocate’s attitude towards and dealings with his client have to be scrupulously honest and fair.

By | April 22nd, 2017|Corporate cases|

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