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IBC | Moratorium Does Not Extinguish Claim : Supreme Court
The Supreme Court has held that a moratorium declared under Section 14 of the Insolvency and Bankruptcy Code, 2016 will not extinguish a claim. The Court stated that Section 14 bars the institution/continuation of legal proceedings against the corporate debtor, transfer of assets, enforcement of security interest etc."If the argument that the claims of all the creditors of the Corporate...
In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
The Supreme Court held that while the limitation period in a suit typically follows the main relief, this does not apply when the main relief is a declaration of title, as there is no limitation for such declarations. Instead, the limitation is governed by the Article applicable to the further relief sought. Therefore, the Court said that when along with a relief for declaration of title,...
US Court Finds NSO Liable For Hacking Of WhatsApp Using Pegasus Malware
In a summary judgment, Judge Phyllis Hamilton of the US District Court in Oakland, Northern District of California has found Israeli-mercenary's surveillance firm NSO Group Technologies (also known as Q Cyber Technologies) liable for the hacking of Meta's Whatsapp through its state-of-the-art military-grade malware Pegasus.The Court has found that NSO violated the Computer Fraud & Abuse...
Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship."Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended...
Former Supreme Court Judge Madan Lokur Appointed As United Nations Internal Justice Council Chairperson
The Secretary-General of the United Nations has appointed former Supreme Court Judge Madan B Lokur as the Chairperson of the UN Internal Justice Council.The appointment is till November 12, 2028. In a letter addressed to Justice Lokur, UN Secretary-General Antonio Guterres expressed his congratulations on the appointment to the Council, which was termed as a "key pillar of the administration...
IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court
The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5(7) of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there is no default in payment of debt. "Therefore,...
South Zonal Round Of 'Amiquiz Curiae' National Legal Quiz Held
To commemorate the 75th anniversary of the Indian Constitution, a unique legal quiz, AmiQuiz Curiae, was flagged off. This event, designed specifically for lawyers, was aimed at exploring the Indian Constitution and law through the lens of history, culture, films, art, jurisprudence, literature, and technology. The quiz served as a platform for intellectual engagement and healthy...
S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
The Supreme Court today (Dec. 20) observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract.The Court further stated that Section 20 of the Specific Relief Act, 1963 ("SRA") would not apply if the defendant/seller failed to...
'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women
The Supreme Court on Thursday (December 19) pulled up the counsel representing the Enforcement Directorate (ED) for contending that rigorous bail conditions under the Prevention of Money Laundering Act (PMLA) will apply to women.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a petition challenging the denial of bail to woman accused of money...
'Precious Medical Seats Shouldn't Go Waste' : Supreme Court Directs Stray Counselling, Extends NEET-UG Admission Deadline Till Dec 30
Taking into consideration the number of medical seats remaining vacant despite 5 rounds of counselling, the Supreme Court today extended till December 30 the period for NEET UG admissions as a special measure. A bench of Justices BR Gavai and KV Viswanathan passed the order, taking into account the submission of Senior Advocate Gaurav Sharma (for National Medical Council) that in view of...
Formula-E Race "Scam": Telangana HC Grants Interim Protection From Arrest To BRS's KT Rama Rao Till December 30
The Telangana High Court in an interim order on Friday (December 20) has granted protection from arrest to BRS MLA KT Rama Rao till December 30, in an FIR over alleged irregularities in the conduct of Formula-E race in Hyderabad when BRS was in power. Issuing notice to the state and asking them to file their response, Justice N V Shravan Kumar while dictating the interim order said, "For...
