Recently, one of my Article on the tentability of parallel prosecution of complaints under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal Code was published on SCC OnLine Blog. I am attaching the same in case anyone would like to read the Article. Link: https://www.scconline.com/blog/post/2022/11/21/tenability-of-successive-complaints-based-on-similar-facts-for-dishonour-of-cheque-under-the-negotiable-instruments-act-1881-and-cheating-under-section-420-ipc/
Recent Legal Publications
Hello everyone, Over the course of this year, I have written and co-authored some articles which were picked up on Mondaq. I am placing the link of the published articles for those who are interested in reading them. These articles mainly deal with issues arising in Dispute Resolution and Arbitration. Hope these articles are useful.…
The Limited Jurisdiction of NCLT under Section 60(5)(c) of IBC: Analysis of Tata Consultancy v. Vishal Ghisulal Jain, Resolution Professional, SK Wheels Private Limited
Section 60 of the Insolvency and Bankruptcy Code empowers the Adjudicating Authority to entertain or dispose of any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate debtors under IBC. To that end, Subsection (5) of Section 60 of IBC…
Interpretation of ‘political nature’ under Foreign Contribution Regulation Act, 2010: Case Comment on Indian Social Action Forum (INSAF) v. Union of India
Foreign Contribution Regulation Act, 2010 ("FCRA") is the centerpiece legislation against undue and illegal foreign interference in the domestic affairs of the country. Previously, FCRA 1976 was enacted to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain persons or association to ensure that the parliamentary institutions, political association, academic, and…
Execution of Foreign Decree and Law of Limitation: Case Comment on Bank of Baroda v. Kotak Mahindra Bank
The judgment of the Supreme Court in Bank of Baroda v. Kotak Mahindra Bank Ltd involved clarifying the limitation for filing an application for the execution of a foreign decree of a reciprocating country in India. The question of limitation as a bar for application to execute decree assumes legal dimensions when it is seen…
Refund and Lapse of Input Tax Credit under Section 54 of CGST Act involving Inverted Duty Structure: Case Comment on Shabnam Petrofils Pvt Ltd v. Union of India
[First Published by Taxmann ] Given the centrality of Input Tax Credit (ITC) in the framework of GST, the issue surrounding lapse of unutilized ITC arising out of inverted duty structure have acquired newfound prominence especially when it involves lapse of accumulated unutilized ITC. Simply put, Inverted Duty structure refers to a scenario wherein the…
JURISDICTION OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE TO DECIDE PETITIONS UNDER SECTION 14 OF SARFAESI ACT, 2002
This post analyses the recent Kerala High Court Judgment[i] concerning the legality of Order passed by the Additional Chief Judicial Magistrate (ACJM) under Section 14 of the SARFAESI Act, 2002. Under the Scheme of Section 14, a secured creditor who desires to seek the assistance of the State’s coercive power for obtaining possession of the secured…
TRADE UNION AS OPERATIONAL CREDITOR UNDER INSOLVENCY AND BANKRUPTCY CODE: CASE COMMENT ON JK JUTE MILL MAZDOOR MORCHA V. JUGGILAL KAMLAPAT JUTE MILLS
FACTS In a nutshell, Appellant ( Mill Mazdoor Morcha) issued a demand notice on behalf of roughly 3000 workers under Section 8 of the Code for outstanding dues of the workmen. The said demand notice was replied by the Respondent on 31.03.2017. Subsequently, NCLT vide its judgment dated 28.04.2017 held that a trade union cannot…
‘Directory’ Interpretation of the Jurisdiction of Serious Fraud Investigation officer under Section 212(3) of Companies Act, 2013: Case Comment On Serious Fraud Investigation Office v. Rahul Modi & Ors.
This post analyses the recent judgment of the Supreme Court in Serious Fraud Investigation Office v. Rahul Modi & Ors. While a significant part of the judgment deals with permissibility of plea of heabus corpus while the accused is in remand, this post would analyse the interpretation accorded by the Court to the jurisdiction of…
Right of access to resolution plan for the members of the Suspended Board of Director under IBC: Case Comment on Vijay Kumar Jain v. Standard Chartered Bank
This post analyzes the judgment of the Supreme Court of India in Vijay Kumar Jain v. Standard Chartered Bank dated 31/01/2019. The Petitioners approached SC aggrieved by the appellate tribunal’s judgment rejecting the appellant’s prayer for directions to the resolution professional to provide all relevant documents including the insolvency resolutions plans in question to members…
Indian Commercial Law Blog 