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Treatment Of Operational Creditors Under Insolvency And Bankruptcy Code, 2016: An Analysis Of Recent Jurisprudence
The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted with an objective to provide a streamlined and time-bound process for resolving corporate distress while balancing the interests of all the involved stakeholders, including creditors, debtors, and the broader ecosystem. The IBC classified creditors into financial creditors (“FCs”),[1] who lend or invest money in the debtor, expecting repayment along with interest or return, such as banks, financial institutions, etc. and operational...
Delhi High Court Restrains Alchem International From Infringing Trademark Of Alkem Labs, Explains Concept Of Acquiescence
The Delhi High Court has restrained Alchem International Pvt. Ltd., incorporated in the year 1982, from infringing the trademark of Alkem Laboratories Ltd., a company engaged in manufacture and sale of pharmaceutical and nutraceutical products.Justice Amit Bansal observed that it cannot be said that Alkem slept over its rights while the defendant invested in the growth and expansion of...
16 Years On, Gujarat High Court Quashes Compulsory Retirement Of Judicial Officer Citing Review Committee's Likely Bias
The Gujarat High Court set aside compulsory retirement of a judicial officer made 16 years ago, noting that the adverse remark regarding the officer's doubtful integrity was not based on tangible material and there was also a likelihood of bias in the mind of committee which took the decision. The petitioner contended that a division bench of the high court had made castigating remarks about...
Madhya Pradesh High Court Weekly Roundup: October 6 - October 12, 2025
Citations: 2025 LiveLaw (MP) 210 to 2025 LiveLaw (MP) 218Nominal IndexManoj Kumar Ahuja v Gurmej Singh 2025 LiveLaw (MP) 210Sandeep Singh Parihar v State of MP 2025 LiveLaw (MP) 211Ashish Jain v State of MP 2025 LiveLaw (MP) 212Rohit Pathak v Bar Council of India 2025 LiveLaw (MP) 213Babita Mor v Central Madhya Pradesh Gramin Bank 2025 LiveLaw (MP) 214M/s APS Enterprises v State of MP...
The Sanctity Of Cheque: Supreme Court Rules Cash Loan Limit Does Not Void Negotiable Instruments Act Liability
The Supreme Court of India recently delivered a judgment that conclusively resolved a long- standing interpretational issue at the intersection of commercial law and fiscal regulation, reclaiming the dignity of the cheque and clarifying the scope of liability under the Negotiable Instruments Act, 1881 (NI Act), thereby contributing to legal clarity and procedural consistency.The judgment, delivered in Sanjabij Tari v. Kishore S. Borcar, categorically determines that contravening the cash...
Ernakulam Consumer Commission Holds Prima Everlast Roof Makers Liable For Faulty Roof, Orders Full Refund With Compensation
The Ernakulam District Consumer Disputes Redressal Commission, comprising Shri D.B. Binu, President, Shri V. Ramachandran, Member, and Smt. Sreevidhia T.N., Member, held Pradeep Kumar S. (owner of M/s Prima Everlast Roof Makers) liable for deficiency in service and unfair trade practices for failing to complete the truss roofing properly, causing leakage and structural defects. Brief Facts...
MP High Court Issues Notice On PIL Seeking Pension Schemes For Advocates Practising For Over 35 Years
The Madhya Pradesh High Court recently issued notices to the State Government, State Bar Council and the Bar Council of India on a public interest litigation plea seeking enactment of a welfare scheme for advocates who have completed 35 to 40 years of practice.The petitioner, Advocate Rajendra Shrivastava, claimed that while advocates contribute substantially to the legal profession, many...
Wife's Anger Doesn't Entitle Her To Tarnish Husband's Reputation With False Allegations Of Infidelity: MP High Court Grants Divorce
The Madhya Pradesh High Court has observed that making baseless and false allegations of moral turpitude against one's spouse amounts to cruelty and can be a ground for divorce. The court also said that wife's anger does not entitle her to tarnish her husband's image by making baseless allegations and thus granted divorce to the husband, setting aside trial court decree which had granted...
'Illegality In Handling Petroleum & Byproducts Directly Impacts Public At Large, Not Private Dispute': Bombay High Court
The Bombay High Court has held that offences relating to illegal handling and adulteration of petroleum products have a direct bearing on public safety, the economy, and State revenue, and therefore cannot be viewed as mere private disputes between parties. It emphasized that such offences affect a vital sector of public life and must be treated with utmost seriousness while...
Bombay High Court Fixes ₹6 Lakh Compensation For Pothole Deaths, Says High Time Civic Bodies & Road Contractors Are Held Accountable
In an important order, the Bombay High Court on Monday held that henceforth, if there is a death due to potholes or bad roads, the contractors, who constructed the same and also the civic authorities will be held responsible for the said death and they will have to pay compensation to the families of the victims. While fixing the accountability, the High Court ordered the authorities to pay Rs...
