Vikram Nath

Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 164, Companies Act, 2013 with Section 166, Corporate Insolvency Resolution Process, Dinesh Maheshwari, Indian Trusts Act, 1882, Indian Trusts Act, 1882 with Section 88, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29A, Insolvency and Bankruptcy Code, 2016 with Section 30, Judges, Vikram Nath

Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) LEGAL ISSUE: Whether a resolution plan can be approved despite the resolution applicant’s ineligibility and procedural irregularities in the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: M.K. Rajagopalan vs. Dr. […]

Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Read Post »

Supreme Court Upholds Classification of Homeopathic Hair Oil as Medicament: Commissioner of Customs vs. Ashwani Homeo Pharmacy (2023)

/ Central Excise Act, 1944, Central Excise Act, 1944 with Section 11-A, Central Excise Act, 1944 with Section 11-AA, Central Excise Tariff Act, 1985, Central Excise Tariff Act, 1985 with Chapter 30, Central Excise Tariff Act, 1985 with Chapter 33, Dinesh Maheshwari, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Schedule K, Judges, Vikram Nath

Supreme Court Upholds Classification of Homeopathic Hair Oil as Medicament: Commissioner of Customs vs. Ashwani Homeo Pharmacy (2023) LEGAL ISSUE: Whether a homeopathic hair oil should be classified as a medicament or a cosmetic for tax purposes. CASE TYPE: Central Excise Law Case Name: Commissioner of Customs, Central Excise and Service Tax, Hyderabad vs. Ashwani

Supreme Court Upholds Classification of Homeopathic Hair Oil as Medicament: Commissioner of Customs vs. Ashwani Homeo Pharmacy (2023) Read Post »

Supreme Court Upholds ‘Aswini Homeo Arnica Hair Oil’ as Medicament Under Chapter 30: Commissioner of Customs vs. Ashwani Homeo Pharmacy (2023) INSC 4832 (03 May 2023)

/ Central Excise Tariff Act, 1985, Central Excise Tariff Act, 1985 with Chapter 30, Central Excise Tariff Act, 1985 with Chapter 33, Dinesh Maheshwari, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Drugs and Cosmetics Rules, 1945, Drugs and Cosmetics Act, 1940 with Schedule K, Judges, Vikram Nath

Supreme Court Upholds ‘Aswini Homeo Arnica Hair Oil’ as Medicament Under Chapter 30 Date of the Judgment: 03 May 2023 Citation: (2023) INSC 4832 Judges: Dinesh Maheshwari, J., Vikram Nath, J. Can a product containing homeopathic medicines, applied topically, be classified as a cosmetic or a medicament? The Supreme Court of India recently addressed this

Supreme Court Upholds ‘Aswini Homeo Arnica Hair Oil’ as Medicament Under Chapter 30: Commissioner of Customs vs. Ashwani Homeo Pharmacy (2023) INSC 4832 (03 May 2023) Read Post »

Supreme Court Upholds Deferment of Mercy Petition in Bomb Blast Case: Balwant Singh vs. Union of India (2023) INSC 482 (3 May 2023)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 161, Constitutional Law with Article 32, Constitutional Law with Article 72, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjay Karol, Vikram Nath

Supreme Court Upholds Deferment of Mercy Petition in Bomb Blast Case LEGAL ISSUE: Whether the Supreme Court can direct the commutation of a death sentence to life imprisonment due to a delay in deciding a mercy petition, and whether the pendency of appeals by co-accused should halt the consideration of a mercy petition. CASE TYPE:

Supreme Court Upholds Deferment of Mercy Petition in Bomb Blast Case: Balwant Singh vs. Union of India (2023) INSC 482 (3 May 2023) Read Post »

Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 164, Companies Act, 2013 with Section 166, Corporate Insolvency Resolution Process, Dinesh Maheshwari, Indian Trusts Act, 1882, Indian Trusts Act, 1882 with Section 88, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29A, Insolvency and Bankruptcy Code, 2016 with Section 30, Judges, Vikram Nath

Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Date of the Judgment: 03 May 2023 Citation: 2023 INSC 486 Judges: Justice Dinesh Maheshwari, Justice Vikram Nath. Can a resolution applicant be disqualified for a conflict of interest arising from their role in a charitable trust? The

Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Read Post »

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 142, Divorce Law, Family Law, Fundamental Rights, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(i-a), Hindu Marriage Act, 1955 with Section 13B, J.K. Maheshwari, Judges, Matrimonial Disputes, Sanjay Kishan Kaul, Sanjiv Khanna, Vikram Nath

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) LEGAL ISSUE: Scope and extent of the Supreme Court’s power under Article 142 of the Constitution of India to grant divorce, including waiving the mandatory waiting period for mutual consent divorce and granting divorce in cases of irretrievable breakdown

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) Read Post »

Supreme Court Commutes Death Penalty in Honour Killing Case: Digambar vs. State of Maharashtra (28 April 2023)

/ B.R. Gavai, Criminal Law, Death Penalty, Honour Killing, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 8, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Murder, Sanjay Karol, Vikram Nath

Supreme Court Commutes Death Penalty in Honour Killing Case: Digambar vs. State of Maharashtra (2023) LEGAL ISSUE: Whether a death penalty should be upheld in a case of honour killing, considering the possibility of reformation of the accused. CASE TYPE: Criminal Case Name: Digambar v. The State of Maharashtra Judgment Date: 28 April 2023 Date

Supreme Court Commutes Death Penalty in Honour Killing Case: Digambar vs. State of Maharashtra (28 April 2023) Read Post »

Supreme Court Clarifies Mining Ban in Eco-Sensitive Zones: T.N. Godavarman Thirumulpad vs. Union of India (28 April 2023)

/ B.R. Gavai, Eco-Sensitive Zones, Environmental Law, Environmental Law with 2011 Guidelines, Environmental Law with ESZ Notifications, Judges, Supreme Court Judgments, Supreme Court of India, Supreme Court of India with Goa Foundation Vs. Union of India, Supreme Court of India with T.N. Godavarman Thirumulpad Vs. Union of India, Vikram Nath

Supreme Court Clarifies Mining Ban in Eco-Sensitive Zones: T.N. Godavarman Thirumulpad vs. Union of India (2023) LEGAL ISSUE: Clarification on the extent of mining restrictions in Eco-Sensitive Zones (ESZ) around protected areas. CASE TYPE: Environmental Law. Case Name: T.N. Godavarman Thirumulpad vs. Union of India. [Judgment Date]: 28 April 2023 Date of the Judgment: 28

Supreme Court Clarifies Mining Ban in Eco-Sensitive Zones: T.N. Godavarman Thirumulpad vs. Union of India (28 April 2023) Read Post »

Supreme Court clarifies mining restrictions in Eco-Sensitive Zones: T.N. Godavarman Thirumulpad vs. Union of India (28 April 2023)

/ B.R. Gavai, Eco-Sensitive Zones, Environmental Law, Environmental Law with Environment (Protection) Act, 1986, Judges, Mining in Eco-Sensitive Zones, Mining Law, Mining Restrictions, T.N. Godavarman Thirumulpad vs. Union of India, Vikram Nath

Supreme Court Clarifies Mining Restrictions in Eco-Sensitive Zones Date of the Judgment: 28 April 2023 Citation: 2023 INSC 442 Judges: B.R. Gavai, J. and Vikram Nath, J. Can mining activities be permitted in an Eco-Sensitive Zone (ESZ) if it is beyond one kilometer from a protected area? The Supreme Court of India recently addressed this

Supreme Court clarifies mining restrictions in Eco-Sensitive Zones: T.N. Godavarman Thirumulpad vs. Union of India (28 April 2023) Read Post »

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Ltd. (28 April 2023)

/ B.R. Gavai, Contract Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inter-Corporate Deposit Agreement, Judges, Letter of Pledge, Vikram Nath

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Ltd. (2023) LEGAL ISSUE: Whether a contractual dispute involving the sale of pledged shares can be escalated into criminal charges of fraud and breach of trust. CASE TYPE: Criminal Case Name: Prakash Aggarwal vs. Ganesh Benzoplast Limited Judgment Date: 28 April

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Ltd. (28 April 2023) Read Post »

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (28 April 2023)

/ Abuse of Process, Arbitration and Conciliation Act, 1996, Arbitration Proceedings, B.R. Gavai, Code of Criminal Procedure, 1973, Contract Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inter-Corporate Deposit Agreement, Judges, Letter of Pledge, Vikram Nath

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (2023) LEGAL ISSUE: Whether a criminal case for breach of trust and cheating can be initiated when shares pledged as security are sold by the lender as per the terms of the agreement. CASE TYPE: Criminal Case Name: Prakash Aggarwal

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (28 April 2023) Read Post »

Supreme Court Commutes Death Penalty in Honor Killing Case: Digambar vs. State of Maharashtra (28 April 2023)

/ B.R. Gavai, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 8, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Sanjay Karol, Vikram Nath

Supreme Court Commutes Death Penalty in Honor Killing Case: Digambar vs. State of Maharashtra (2023) LEGAL ISSUE: Whether the present case falls under the ‘rarest of rare’ category warranting a death penalty. CASE TYPE: Criminal Law. Case Name: Digambar vs. The State of Maharashtra. [Judgment Date]: 28 April 2023 Introduction Date of the Judgment: 28

Supreme Court Commutes Death Penalty in Honor Killing Case: Digambar vs. State of Maharashtra (28 April 2023) Read Post »

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