2020-TIOLCORP-NEWS-09 | Monday, January 13, 2020

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COMPANIES LAW
 
2020-TIOLCORP-03-NCLT

Vision Millennium Exports Pvt Ltd Vs Edelweiss Rural And Corporate Services Ltd

Whether TDS amount paid to Income Tax Department is not operational debt & excess TDS amount paid to the corporate debtor cannot become the basis for section 9 petition since such payment does not come under the sweep of provisions of goods or services or other liabilities u/s 5(21) of the IBC - YES: NCLT

- Petition dismissed: NCLT

MISCELLANEOUS
  2020-TIOLCORP-07-HC-DEL-MISC

Dharampal Satyapal Sons Pvt Ltd Vs IFB Agro Industries Ltd

Whether application u/s 340 of Cr.P.C. can be dismissed at interim stage, as it is essential that conclusion of entire evidence in proceeding in which the offence is alleged to be committed is done - YES : HC

- Application dismissed: DELHI HIGH COURT

2020-TIOLCORP-06-HC-MUM-MISC

Emerald Woollen Mills Pvt Ltd Vs Hanuman Developers

Whether findings regarding the claim being within limitation period by the Sole Arbitrator reached after considering & appreciating the factual matrix warrants interference of High Court while addressing section 34 petition - NO: HC

Whether a claim of arbitration can be dismissed because of non-joinder of party who acts in a manner provided under the Memorandum of Understanding but who is not a signatory to such instrument - NO: HC

- Petition dismissed: BOMBAY HIGH COURT

2020-TIOLCORP-05-HC-DEL-MISC

Apparel Export Promotion Council Vs Collage Culture

Whether waiting for the final decision of the Supreme Court after it had directed restoration of hearings of complaint u/s 138 before the appropriate Court is good reason to condone the delay in re-filing the complaint from the date of order of return by the Trial Court - NO: HC

Whether once the complaint u/s 138 before the Trial Court stood revived by the direction of the Higher Court, the complainant is bound to follow the orders passed in such proceedings unless the process is stayed - YES: HC

Whether the place of filing complaint u/s 138 is the place where the drawee bank is situated & not where the complainant's bank is located - YES: HC

Whether in absence of any case pending before either of the Trial Courts where the drawee bank or complainants bank is situated, the benefit of deemed transfer of case u/s 142(A)(1) is not available to the complainant - YES: HC

- Petition dismissed: DELHI HIGH COURT

HIGH LIGHTS (SISTER PORTAL)
  TIOL

Diversification key to boosting farmers' income: Badal

Govt launches drive to register civil drones & operators

IRAD - Govt system to monitor & help curb road mishaps

Gadkari to present National Highway Excellence Awards 2019 tomorrow

GST audit - is it a panacea?

TOG

Admission test for Navodaya Vidyalayas for session 2020-21 held at 8252 centres

Over Rs 1200 Cr spent on modernizing Kolkata Port: Mandaviya

IRAD - Govt adopts system to record road accident data

 

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FLASH NEWS
 
Homebuyers against IBC Ordinance 2019: SC issues notice on conditions introduced to be treated as financial creditors

SEBI postpones directions to top 500 firms to separate roles of Chairman & MD by 2 years

Blackstone to invest under Rs 400 cr in Alcargo Logistics Warehousing business

Less worry for Ratan Tata; SC allows Bombay Dyeing Nusli Wadia to withdraw criminal defamation case which seeked Rs 3000 cr as damages

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