Full Court Reference in Memory of Late Hon
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The Ibc Digest March 2021
THE IBC DIGEST VOLUME V MARCH 2021 The Insolvency and Bankruptcy Code Digest: March 2021 The Insolvency and Bankruptcy Code, 2016 has been one among the most dynamic legislative enactments in India that has been amended from time to time to meet the ever-changing needs in the field of insolvency laws. Each legislature gets its shape over increased litigation that helps conclusively decide matters and acts as a tool for interpretation of the provisions of the statute. The provisions of the IBC have been tested time and again before the judicial and quasi-judicial authorities ranging from the Hon’ble National Company Law Tribunal to the Apex Court namely the Supreme Court of India. The judgments passed by the National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), the High Court and the Supreme Court of India have helped the Insolvency Professionals and every professional practicing in the field of Insolvency Laws, interpret the Code read with the relevant Regulations, in its true letter and spirit. ‘The Insolvency and Bankruptcy Code Digest’, is an initiative by Corpvin Curious, the Knowledge and Research Cell of Corpvin Consulting LLP to summarize all the landmark judicial pronouncements passed each month in the field of Insolvency and interpret the amendments that are introduced in the Code or the Regulations made thereunder, if any, to assist professionals in understanding the implications of such pronouncements and/or amendments in a summarized way. Corpvin Curious is the brainchild of CS Jasveen Bindra and the team of Corpvin Curious is led by her. About the Author: CS Jasveen Bindra is a member of the Institute of Company Secretaries of India as a Practicing Professional. -
Dated 9Th October, 2018 Reg. Elevation
SUPREME COURT OF INDIA This file relates to the proposal for appointment of following seven Advocates, as Judges of the Kerala High Court: 1. Shri V.G.Arun, 2. Shri N. Nagaresh, 3. Shri P. Gopal, 4. Shri P.V.Kunhikrishnan, 5. Shri S. Ramesh, 6. Shri Viju Abraham, 7. Shri George Varghese. The above recommendation made by the then Chief Justice of the th Kerala High Court on 7 March, 2018, in consultation with his two senior- most colleagues, has the concurrence of the State Government of Kerala. In order to ascertain suitability of the above-named recommendees for elevation to the High Court, we have consulted our colleagues conversant with the affairs of the Kerala High Court. Copies of letters of opinion of our consultee-colleagues received in this regard are placed below. For purpose of assessing merit and suitability of the above-named recommendees for elevation to the High Court, we have carefully scrutinized the material placed in the file including the observations made by the Department of Justice therein. Apart from this, we invited all the above-named recommendees with a view to have an interaction with them. On the basis of interaction and having regard to all relevant factors, the Collegium is of the considered view that S/Shri (1) V.G.Arun, (2) N. Nagaresh, and (3) P.V.Kunhikrishnan, Advocates (mentioned at Sl. Nos. 1, 2 and 4 above) are suitable for being appointed as Judges of the Kerala High Court. As regards S/Shri S. Ramesh, Viju Abraham, and George Varghese, Advocates (mentioned at Sl. -
Securing the Independence of the Judiciary-The Indian Experience
SECURING THE INDEPENDENCE OF THE JUDICIARY-THE INDIAN EXPERIENCE M. P. Singh* We have provided in the Constitution for a judiciary which will be independent. It is difficult to suggest anything more to make the Supreme Court and the High Courts independent of the influence of the executive. There is an attempt made in the Constitutionto make even the lowerjudiciary independent of any outside or extraneous influence.' There can be no difference of opinion in the House that ourjudiciary must both be independent of the executive and must also be competent in itself And the question is how these two objects could be secured.' I. INTRODUCTION An independent judiciary is necessary for a free society and a constitutional democracy. It ensures the rule of law and realization of human rights and also the prosperity and stability of a society.3 The independence of the judiciary is normally assured through the constitution but it may also be assured through legislation, conventions, and other suitable norms and practices. Following the Constitution of the United States, almost all constitutions lay down at least the foundations, if not the entire edifices, of an * Professor of Law, University of Delhi, India. The author was a Visiting Fellow, Max Planck Institute for Comparative Public Law and Public International Law, Heidelberg, Germany. I am grateful to the University of Delhi for granting me leave and to the Max Planck Institute for giving me the research fellowship and excellent facilities to work. I am also grateful to Dieter Conrad, Jill Cottrell, K. I. Vibute, and Rahamatullah Khan for their comments. -
Notice of Motion for Presenting an Address to the President of India for the Removal of Mr
1 NOTICE OF MOTION FOR PRESENTING AN ADDRESS TO THE PRESIDENT OF INDIA FOR THE REMOVAL OF MR. JUSTICE DIPAK MISRA, CHIEF JUSTICE OF INDIA, UNDER ARTICLE 217 READ WITH 124 (4) OF THE CONSTITUTION OF INDIA THIS HOUSE RESOLVES that an address be presented to the President of India for the removal of Mr. Justice Dipak Misra, from the office of Chief Justice of India, for his following acts of misbehaviour, detailed in the Explanatory Note annexed herewith: I. The facts and circumstances relating to the Prasad Education Trust case, show prima facie evidence suggesting that Chief Justice Dipak Misra may have been involved in the conspiracy of paying illegal gratification in the case, which at least warrants a thorough investigation. II. That the Chief Justice Dipak Misra dealt on the administrative as well as judicial side, with a writ petition which sought an investigation into a matter in which he too was likely to fall within the scope of investigation since he had presided over every bench which had dealt with this case and passed orders in the case of Prasad Education Trust, and thus violated the first principle of the Code of Conduct for judges. III. That the Chief Justice Dipak Misra appears to have antedated an administrative order dated 6th November 2017 which amounts to a serious act of forgery/fabrication. IV. That Chief Justice Dipak Misra acquired land while he was an advocate, by giving an affidavit that was found to be false and despite the orders of the ADM cancelling the allotment in 1985, surrendered the said land only in 2012 after he was elevated to the Supreme Court. -
Hon'ble Supreme Court Should Refrain from Passing a Judgment on the Ayodhya Ram Janma Bhoomi – Babri Masjid Matter, in View
Dated: 7.11.2019 To HON’BLE THE CHIEF JUSTICE OF INDIA SUPREME COURT OF INDIA BHAGWAN DAS ROAD NEW DELHI 110201 Hon’ble Supreme Court should refrain from passing a judgment on the Ayodhya Ram Janma Bhoomi – Babri Masjid matter, in view of the manifest massive manipulation of the issue and associated judicial process, by the ruling dispensations (be it Congress or BJP) to implement their political agendas. Judiciary has not yet adjudicated upon the 70 years old criminal fraud committed against the nation by so called ‘Hindu’ groups who planted Ram Lalla idols in the Masjid. The Congress, with help of the administration and Judiciary, maintained status quo in order to keep the Muslims trapped as a vote banks for decades – now the BJP has taken over with the diference that they are scaring Muslims to make inroads into Hindu vote bank. Four conspicuous Issues I. Criminal case fled on 23.12.1949, on installations of idols in Babri Masjid, (u/s 147, 448, 295, in Faizabad) II. Criminal matter on Babri Masjid demolition 1992, (initiated by Liberhan Commission, currently with CBI since 2017) III. Supreme Court Judgement 1994, Ismail Faruqi case regarding ‘Masjid not essential to Islam’ (1994, 6 SCC 360) IV. Supreme Court Judgement 1995, ‘Hinduism not a religion’ (Citation 1996 AIR 1113), (PM Modi speeches in Vancouver 17.4.2015, PTI) Hon’ble The Chief Justice of India, Let me state at the outset that I, the undersigned, am not aligned to any political ideology. Kindly see the disclaimer at the end of the letter. -
Hon'ble Justice Indira Banerjee, Supreme Court of India, New Delhi SPEAKER
SPEAKER The Department was established by the University in the year 1965, in order to Hon’ble Justice Indira Banerjee, Supreme ORGANIZED BY cater to the growing demands of legal Court of India is the 8th female Judge in education in the country under the history of Indian Judiciary and the only stewardship of Late Prof. Dr. S. K. female Judge of Supreme Court of India at Agrawala. The untiring efforts of Late Prof. present. She was born on 24th September, Agrawala as a founder head of the 1957, educated at Loreto House, Calcutta, Department, richly enabled the department Presidency College, Calcutta and Calcutta to earn its reputation in national and University College of Law. She was international academic circles as a Centre enrolled as an Advocate on 5th July, 1985 of excellence. Since its establishment, the and practiced both in the Original and department over the years has awarded Appellate Sides of Calcutta High Court in more than hundred doctorates on various Hon’ble Justice Indira Banerjee, all branches of law except criminal law. facets of law. Supreme Court of India, Appointed permanent Judge of Calcutta Hailed as one of the best legal education New Delhi High Court on 5th February, 2002. centers of the country, many of its students Transferred to Delhi High Court w.e.f. 8th occupy high positions. August, 2016. Elevated as Chief Justice of Madras High Court and assumed charge on 5.4.2017 ABOUT THE LECTURE SERIES Ganesh Raoji Gandhi is commemorated through an annual lecture series under the auspices of Savitribai Phule Pune University with its lustrous history and galaxy of names has made it one of India’s few springs of excellence and dynamic centre of culture. -
Justice Sabharwal's Defence Becomes Murkier
JUSTICE SABHARWAL’S DEFENCE BECOMES MURKIER: STIFLING PUBLIC EXPOSURE BY USING CONTEMPT POWERS Press Release: New Delhi 19th September 2007 Justice Sabharwal finally broke his silence in a signed piece in the Times of India. His defence proceeds by ignoring and sidestepping the inconvenient and emphasizing the irrelevant if it can evoke sympathy. To examine the adequacy of his defence, we need to see his defence against the gravamen of each charge against him. Charge No. 1. That his son’s companies had shifted their registered offices to his official residence. Justice Sabharwal’s response: That as soon as he came to know he ordered his son’s to shift it back. Our Rejoinder: This is False. In April 2007, in a recorded interview with the Midday reporter M.K. Tayal he feigned total ignorance of the shifting of the offices to his official residence. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the BPTP mall developers became his sons partners, making it very risky to continue at his official residence. Copies of the document showing the date of induction of Kabul Chawla, the promoter and owner of BPTP in Pawan Impex Pvt. Ltd., one of the companies of Jutstice Sabharwal’s sons, and Form no. 18 showing the shifting of the registered office from the official residence of Justice Sabharwal to his family residence on 23rd October 2004. Charge No. 2: That he called for and dealt with the sealing of commercial property case in March 2005, though it was not assigned to him. -
HYDERABAD, SUNDAY, SEPTEMBER 05, 2021; PAGES 10+16 `5 RNI No
Follow us on: @TheDailyPioneer facebook.com/dailypioneer HYDERABAD, SUNDAY, SEPTEMBER 05, 2021; PAGES 10+16 `5 RNI No. TELENG/2018/76469 Established 1864 Published From HYDERABAD DELHI LUCKNOW BHOPAL RAIPUR CHANDIGARH BHUBANESWAR RANCHI DEHRADUN VIJAYAWADA *LATE CITY VOL. 3 ISSUE 316 *Air Surcharge Extra if Applicable www.dailypioneer.com Equities may rise P 8 held for coversion, P 5 reasons P amid volatile valuations 6 ‘waging war’ on India 5 video games... 10 In brief BJP'S 20-DAY MEGA EVENT Govt asks depts to TOKYO PARALYMPICS promote five-minute 5 cr postcards, hoardings to thank yoga break Pramod Bhagat wins he Centre has asked all its PM Modi on 20 yrs in public service departments to promote n Gold in Badminton T five-minute yoga break or PNS NEW DELHI booths across India to the Prime Hoardings, thanking PM Modi 'Y-break' among employees Minister to congratulate him for his "for free food grains and vaccina- working under them, with a view A 20-day mega event- "Seva and efforts as "party members commit tion for poor", will also be set up to refresh, distress and refocuses Samarpan Abhiyan" - will themselves to public service", as part of the campaign. them with enhanced efficiency at begin from Prime Minister said an official state- In a letter, the party members have workplaces, according to a Narendra Modi's 71st birth- ment. been told to hold special exhibitions personnel ministry order. The day on September 17 to mark dedicated to the life of the Prime Ministry of Ayush had designed his "20 years in public serv- Minister. -
Constitutional Ideals and Justice in Plural Societies
L10-2016 Justice MN Venkatachaliah Born on 25th October 1929, he entered the general practice of the law in MN Venkatachaliah the year 1951 at Bangalore after obtaining University degrees in Science and law. Justice Venkatachaliah was appointed Judge of the high court of Karnataka in the year 1975 and later as Judge of the Supreme Court of India in the year 1987. He was appointed Chief Justice of India in February 1993 and held that office till his retirement in October 1994. Justice Venkatachaliah was appointed Chairman, National Human Rights Commission in 1996 and held that office till October 1999. He was nominated Chairman of the National commission to Review the Working of the Constitution in March 2000 and the National Commission gave its CONSTITUTIONAL IDEALS AND Report to the Government of India in March 2002. He was conferred “Padma Vibhushan” on 26th January 2004 by the Government of India. JUSTICE IN PLURAL SOCIETIES Justice Venkatachaliah has been associated with a number of social, cultural and service organizations. He is the Founder President of the Sarvodya International Trust. He is the Founder Patron of the “Society for Religious Harmony and Universal Peace “ New Delhi. He was Tagore Law NIAS FOUNDATION DAY LECTURE 2016 Professor of the Calcutta University. He was the chairman of the committee of the Indian Council for Medical Research to draw-up “Ethical Guidelines for Bio-Genetic research Involving Human Subjects”. Justice Venkatachaliah is the President of the Public Affairs Centre and President of the Indian Institute of World Culture. He was formerly Chancellor of the Central University of Hyderabad. -
U.S. Businesses Face Significant Market Access Barriers in India, Says Secretary of Commerce
# 1 Indian American Weekly: Since 2006 VOL 7 ISSUE 19 ● DALLAS ● MAY 10 - MAY 16, 2019 ● ENQUIRIES: 646-247-9458 www.theindianpanorama.news US WILL NOT BACK DOWN UNTIL CHINA STOPS U.S. businesses face significant CHEATING WORKERS, STEALING JOBS: TRUMP market access barriers in India, says Secretary of Commerce NEW DELHI (TIP): Pointing out that trade relationships should be based on fairness and reciprocity,US Secretary of Commerce Wilbur Ross alleged that currently US businesses face significant market access barriers in India US President Donald Trump has said : "The era including tariff and non-tariff barriers, of economic surrender is over."(Screen shot) as well as multiple practices and WASHINGTON (TIP): The US will regulations that disadvantage foreign "not back down" until China stops companies. cheating American workers and Ross was speaking at the Trade Winds stealing its jobs, President Donald Conference in New Delhi, India, May 7 Trump said, May 9, as a top Chinese where he said that their 'goal is to official started talks with his eliminate barriers to U.S. companies, American counterparts on a trade operating here, including data- deal. localization restrictions that weaken contd on Page 20 data security, and increase the cost of doing business.' "India has the world's third largest economy, and by 2030, it is expected to become the world's largest consumer market because of the rapid growth of Future of Democracy the middle class. in India - TIP Survey contd on Page 20 India is going through the process of US Secretary of Commerce Wilbur Ross and general elections to elect 542 Lok Sabha Suresh Prabhu, Minister of Commerce & members and members to Legislative Industry and Civil Aviation co-chaired the Assemblies in some States. -
List of Supreme Court and High Courts Judges (As on 01.02.2021)
AS ON 01/02/2021 JUDGES OF THE SUPREME COURT OF INDIA AND THE HIGH COURTS (List of Judges arranged according to date of initial appointment) [Sanctioned Strength of Judges of High Court also includes the Chief Justice of High Court] AS ON 01/02/2021 SUPREME COURT OF INDIA Sanctioned Judge Strength: 34 (List of Judges arranged according to date of appointment) Sl. Name of the Judge Date of Date of REMARKS No. S/Shri Justice appointment Retirement [Parent High Court] 1 SHARAD ARVIND BOBDE 12/04/2013 23/04/2021 CJI W.E.F. 18.11.2019 [BOMBAY] 2 NUTHALAPATI VENKATA RAMANA 17/02/2014 26/08/2022 ANDHRA PRADESH 3 ROHINTON FALI NARIMAN 07/07/2014 12/08/2021 BAR 4 UDAY UMESH LALIT 13/08/2014 08/11/2022 BAR 5 AJAY MANIKRAO KHANWILKAR 13/05/2016 29/07/2022 BOMBAY 6 DR. DHANANJAYA Y. CHANDRACHUD 13/05/2016 10/11/2024 BOMBAY 7 ASHOK BHUSHAN 13/05/2016 04/07/2021 ALLAHABAD 8 LAVU NAGESWARA RAO 13/05/2016 07/06/2022 BAR 9 SANJAY KISHAN KAUL 17/02/2017 25/12/2023 DELHI 10 SHANTANAGOUDAR MOHAN MALLIKARJUNAGOUDA 17/02/2017 04/05/2023 KARNATAKA 11 S. ABDUL NAZEER 17/02/2017 04/01/2023 KARANTAKA 12 NAVIN SINHA 17/02/2017 18/08/2021 PATNA 13 MS. INDU MALHOTRA 27/04/2018 13/03/2021 BAR 14 KUMARI INDIRA BANERJEE 07/08/2018 23/09/2022 CALCUTTA 15 VINEET SARAN 07/08/2018 10/05/2022 ALLAHABAD 16 KUTTIYIL MATHEW JOSEPH 07/08/2018 16/06/2023 KERALA 17 HEMANT GUPTA [H] 02/11/2018 16/10/2022 PUNJAB & HARYANA 18 RAMAYYAGARI SUBHASH REDDY 02/11/2018 04/01/2022 TELANGANA 19 MUKESHKUMAR RASIKBHAI SHAH 02/11/2018 15/05/2023 GUJARAT 20 AJAY RASTOGI 02/11/2018 17/06/2023 RAJASTHAN 21 DINESH MAHESHWARI 18/01/2019 14/05/2023 RAJASTHAN 22 SANJIV KHANNA 18/01/2019 13/05/2025 DELHI 23 BHUSHAN RAMKRISHNA GAVAI 24/05/2019 23/11/2025 BOMBAY 24 SURYA KANT 24/05/2019 09/02/2027 PUNJAB & HARYANA 25 ANIRUDDHA BOSE 24/05/2019 10/04/2024 CALCUTTA 26 AJJIKUTTIRA SOMAIAH BOPANNA 24/05/2019 19/05/2024 KARNATAKA 27 KRISHNA MURARI 23/09/2019 08/07/2023 ALLAHABAD 28 SHRIPATHI RAVINDRA BHAT 23/09/2019 20/10/2023 DELHI 29 V. -
Supreme Court of India [ It Will Be Appreciated If
SUPREME COURT OF INDIA [ IT WILL BE APPRECIATED IF THE LEARNED ADVOCATES ON RECORD DO NOT SEEK ADJOURNMENT IN THE MATTERS LISTED BEFORE ALL THE COURTS IN THE CAUSE LIST ] DAILY CAUSE LIST FOR DATED : 24-02-2020 CHIEF JUSTICE'S COURT HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SURYA KANT (TIME : 10:30 AM) 7 C.A. No. 11951-11958/2018 XVII-A M/S ASHOK LEYLAND LTD. E. C. AGRAWALA Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX B. KRISHNA PRASAD[R-1] {Mention Memo} I.A. NO.7957 OF 2020 WITHDRAWAL OF CASE IA No. 169013/2018 - EX-PARTE STAY IA No. 169012/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 173095/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 7957/2020 - WITHDRAWAL OF CASE / APPLICATION 19 Diary No. 1234-2020 II-B UNION OF INDIA B. KRISHNA PRASAD Versus RUTUGNA A. TRIVEDI AND ANR. FOR ADMISSION and I.R. and IA No.28052/2020- CONDONATION OF DELAY IN FILING and IA No.28053/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT COURT NO. : 3 HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE (TIME : 10:30 AM) MISCELLANEOUS HEARING 1 16 C.A. No. 1554/2020 III-A M/S INTERNATIONAL TOBACCO CO LTD RAJAN NARAIN Versus COMMISSIONER CENTRAL GOOD AND SERVICE TAX COMMISSIONERATE FOR ADMISSION and IA No.28234/2020-EXPARTE STAY 16.1 Connected Diary No. 5063-2020 III-A R.K. GUPTA RAJAN NARAIN Versus COMMISSIONER CENTRAL GOODS AND SERVICE TAX COMMISSIONERATE, GHAZIABAD IA No.29902/2020-CONDONATION OF DELAY IN FILING and IA No.29901/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.29900/2020-EX-PARTE STAY 23 Diary No.