2020-TIOLCORP-NEWS-07 | Thursday, January 09, 2020

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COMPANIES LAW
  2020-TIOLCORP-03-HC-DEL-CA

Gaurav Kumar Vs Serious Fraud Investigation Office

Whether in allegation of fraud upon company secretary, regular bail cannot be denied if applicability of section 448 is limited to preparation of statutory records which were unsigned & not filed before statutory authorities - YES: HC

Application allowed: DELHI HIGH COURT

2020-TIOLCORP-02-NCLT

Central Bank Of India Vs Luni Power Company Pvt Ltd

Whether insolvency process initiated by the Financial Creditor is barred by the fact that the value of mortgaged properties are more than the outstanding loan - NO: NCLT

- Petition allowed: NCLT

MISCELLANEOUS
  2020-TIOLCORP-02-SC-MISC

Surinder Singh Deswal Vs Virender Gandhi

Whether the provisions of section 148 is applicable retrospectively & on non-compliance with the order to deposit part of the compensation amount post conviction u/s 138, the Trial Court is at liberty to vacate the suspension of sentence - YES: SC

- Appeals dismissed: SUPREME COURT OF INDIA

2020-TIOLCORP-01-SC-MISC

State Of Gujarat Vs Amber Builders

Whether the Gujarat Public Works Contract Disputes Arbitration Tribunal being the creature of Gujarat Act, 1992 is empowered to issue interim award akin to section 17 of the Arbitration Act, 1996 in the dispute arising from work contracts entered into between the state and contractors - YES: SC

Whether as far as grant of interim relief is concerned, are there any inconsistency between the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 & the Arbitration Act, 1996 - NO: SC

- Appeals allowed: SUPREME COURT OF INDIA

2020-TIOLCORP-03-HC-KAR-MISC

Steel Hypermart India Pvt Ltd Vs Indian Bank

Whether where there are disputes about the factual scenario in which the loan account has been declared as NPA & the consequential demand notice u/s 13(2), writ remedy before the High Court is not available by bypassing the alternative remedy available before the DRT - YES: HC

- Petition dismissed: KARNATAKA HIGH COURT

HIGH LIGHTS (SISTER PORTAL)
  TIOL

PM helms pre-Budget meet with industry captains

RPF sticks to administrative reform plan in 2019

Cabinet nod for Railways' MoU with UK body on energy self-sufficiency

Railways to use Nirbhaya funds to install IP-based video surveillance system at 983 Stations

MHA issues revised guidelines for MLA in criminal matters

TOG

PM holds pre-Budget meet with various sectoral groups

MHA revises rules for Mutual Legal Assistance in criminal matters

Jamnagar Ayurved Univ granted status of National Importance

Security for Maritime trade - Navy keeping close eye in Gulf region

 

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FLASH NEWS
 
Confederation of All India Traders urges PM for meet before meeting Amazon head Jeff Bejos

Ashok Leyland, ABB Power signs MoU to develop greener electric buses

NY based investor Tiger Global invests USD 200 mn in BYJU

CORP BRIEF
 
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