Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Court must consider three aspects: (i) balance of convenience; (ii) Irreparable harm or injury; (iii) that there is a prima facie case...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
Special Marriage Act, 1954, Section 28, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Settlement - Parties amicably settled the matter - Settlement agreement also filed - Marriage between parties thus, dissolved and decree of divorce is passed in the interest of justice, in exercise of jurisdiction of Supreme Court u/art 142 of Constitution...........
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 -- Regulation 36A(10) to 36A(12) - RP shall issue provisional list of eligible prospective resolution applicants to CoC, and after considering any objection to their inclusion or exclusion, shall then issue final list of prospective resolution applicants to CoC...........
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 -- Regulation 36B - Resolution professional shall issue information memorandum, evaluation matrix and a request for resolution plan within time stated - Importantly, RP shall endeavour to submit resolution plan approved by CoC to Adjudicating Authority, at least..........
Insolvency and Bankruptcy Code, 2016, Section 30(4) -- Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, Regulation 39 - Approval of resolution plan - It is commercial wisdom of CoC which operates to approve what is deemed by majority of such creditors to be best resolution plan, which is finally accepted..........
Insolvency and Bankruptcy Code, 2016, Section 30, 31, 61 -- Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, Regulations 37, 38 - Judicial Review - Ultimate discretion of what to pay and how much to pay each class or subclass of creditors is with CoC, but, decision of such Committee must reflect fact that it..........
Insolvency and Bankruptcy Code (Amendment) Act, 2019, Section 4, Insolvency and Bankruptcy Code, 2016, Section 12, Constitution of India, 1950, Article 14, 19(1)(g) -- Amendment - Extension of CIRP by 60 days - Held, time taken in legal proceedings is certainly an important factor which causes delay, and which has made previous statutory experiments fail - Word..........
Constitution of India, 1950, Article 227 -- Writ petition - Court cannot consider any other fact or document or evidence which was not part of record of trial Court/Tribunal, in a writ petition u/art 227 of Constitution...........
Constitution of India,1950, Article 226, Arbitration and Conciliation Act, 1996, Section 7, Micro Small and Medium Enterprises Development Act, 2006, Section 18, 19 -- Writ petition - Maintainability - Jurisdiction of Council - Council directed petitioner to pay balance amount as claimed by respondent no.2 and referred matter to arbitration - Council ought to have atleast..........
