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Section 10 of IBC

ArticlesOctober 12, 2024327Views 0Likes 0Comments

The Insolvency and Bankruptcy Code, 2016 (IBC), was enacted to streamline insolvency proceedings and ensure timely resolution of corporate distress. However, the COVID-19 pandemic created an extraordinary economic situation, and the Government of India responded with amendments to the IBC, introducing Section 10A. This provision was added to offer temporary relief to businesses struggling due…

Section 3 and Section 5

ArticlesOctober 12, 2024291Views 0Likes 0Comments

Pathapati Subba Reddy (Died) By L. Rs. & Ors. Versus The Special Deputy Collector (LA) Corum- Hon’ble Justice Bela M. Trivedi and Hon’ble Justice Pankaj Mithal Brief facts The present appeal pertains to a certain land acquired in the year 1989 in village Gandluru, District Guntur, Andhra Pradesh and the award offered in lieu of the…

Reversal of Cess Imposition under Karnataka Cine & Cultural Activists (Welfare) Bill

ArticlesOctober 11, 2024389Views 0Likes 0Comments

Addressing the financial difficulties faced by artists and workers of the media and entertainment industry and the need to provide them with social security[1], the Karnataka government introduced the Karnataka Cine & Cultural Activists Welfare Bill, 2024 (‘Bill’)[2] on 19th July 2024. The Bill defines “Cine and Cultural activists” as any person “employed in the field…

Poker and Rummy

ArticlesOctober 11, 2024220Views 0Likes 0Comments

In a significant decision, the Allahabad High Court (AHC) ruled that poker and rummy are games of skill, distinguishing them from gambling under Indian law. The case arose when M/s DM Gaming Pvt. Ltd. challenged a decision by the Agra Police denying them permission to operate a poker and rummy gaming unit. The denial of permission…

Modification of Award while hearing Section 34 petition under Arbitration & Conciliation Act, 1996 not permissible

ArticlesOctober 9, 2024165Views 0Likes 0Comments

S.V. Samudram vs. State of Karnataka & Anr Corum- J. Sanjay Karol Issue for consideration: Whether the High Court of Karnataka (Dharwad Bench) was justified in confirming the order dated 22nd April 2010 passed by Senior Civil Judge whereby the award passed by the Ld. Arbitrator was modified and the Respondents were directed to pay a…

Limitation period for initiating proceedings

ArticlesOctober 9, 2024167Views 0Likes 0Comments

In a recent judgement, the Hon’ble Supreme Court of India’s has delved deeply into the intricacies of the arbitration process in India, particularly focusing on the applicability of the Limitation Act, 1963 (“Limitation Act”) to arbitration proceedings under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”). The decision was passed by a…

Jackie Shroff case

ArticlesOctober 9, 2024584Views 0Likes 0Comments

Introduction: In the matter of Jaikishan Kakubhai Saraf alias Jackie Shroff. v. The Peppy Store & Ors., a single-judge bench comprising of Justice Sanjeev Narula of the Delhi High Court, restrained several defendants from making unauthorised use of the actor’s name, voice, images, and the signature phrase ‘Bhidu’ for any commercial purposes without his explicit…

High Courts not having original civil jurisdiction

ArticlesOctober 9, 2024151Views 0Likes 0Comments

Case Title: Chief Engineer (NH) PWD (ROADS) versus M/s. BSC & C and C JV, Hon’ble Supreme Court of India, SLP No. 10544/2024. Decision date: 13th May 2024 Coram: Hon’ble Mr. Justice Abhay S. Oka and Hon’ble Mr. Justice Ujjal Bhuyan Brief Facts: The Special Leave Petition (“SLP”) filed before the Hon’ble Supreme Court challenged the impugned final…

Guidelines for Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment

ArticlesOctober 8, 2024339Views 0Likes 0Comments

Introduction On March 15, 2024, the Ministry of Information and Broadcasting (“MIB”) issued the Guidelines for Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment (“Guidelines”) (which can be accessed here) with the objective of enabling a strong framework to support the development of practices…

Calcutta High Court’s Royalty Decision

ArticlesOctober 8, 2024212Views 0Likes 0Comments

Introduction: On 17th May, 2024, the Calcutta High Court delivered a landmark judgement marking a significant advancement in protecting author's rights in India by affirming their entitlement to statutory royalties as laid down under the Copyright Act, 1957 (“Copyright Act”)[1]. The underlying works, such as lyrics and music, play a crucial role in any song as…

Cinematographic (Certification) Rules, 2024

ArticlesApril 1, 20241KViews 0Likes 0Comments

Ministry of Information and Broadcasting has issued a public notice dated February 09, 2024 inviting comments and suggestions from the industry stakeholders on the draft of Cinematographic (Certification) Rules, 2024. In furtherance of above public notice, the Ministry of Information and Broadcasting, on 15 th March 2024, has notified the Cinematographic (Certification) Rules, 2024…

IBC & MSME: 2.0: Pre-Packaged Insolvency Resolution Process

ArticlesApril 1, 20241KViews 0Likes 6Comments

In our last article, “MSME & IBC 1.0:1 Understanding MSME under the IBC, 2016”, we discussed the MSME Act, the reciprocity between IBC and MSME and the Roleplay so far. In this letter, we will touch base upon the aspect of Pre-Packaged Insolvency Resolution Process under the Insolvency and Bankruptcy Code (Amendment) Act, 2021.…

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