Articles

January 26, 2022

PUNJAB NATIONAL BANK LIMITED VS BIKRAM COTTON MILLS & ANR. (1970 AIR 1973, 1970 SCR (2) 462)
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Difference between guarantee and indemnity The case is based on a contractual clause of assurance – as with regard to clause (2) of the bond agreement between Ranjit Singh and Punjab National Bank Ltd. Therefore, the legal relationships between the parties correspond to that of the events in a contract of guarantee. Clause (2) (of the bond agreement between Ranjit Singh and Punjab National Bank Ltd.) states that;  …

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COMPETITION COMMISSION OF INDIA v. BHARTI AIRTEL 
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INTRODUCTION  A two-judge bench of The Supreme Court of India (‘SC’), on 5th December, 2018 res olved the conflict of jurisdiction between Competition Commission of India (‘CCI’) a ndTRAI and the interplay of roles of the two regulators. CCI is a sector-agnostic regul ator authorised to “promote and sustain competition in markets of India”. Whereas, T RAI is sector…

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MADRAS BAR ASSOCIATION V. UNION OF INDIA & ANR
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CITATION – 2020 (13) SCALE 443  JUDGES  1. Justices L Nageswara Rao,  2. S Ravindra Bhat, and  3. Hemant Gupta  INTRODUCTION  The President of India on 4th April 2021 promulgated an Ordinance, on the recommendations of the Central Government, while exercising its powers under Article 123 of the Indian Constitution because, even though the bill was tabled in the Lok Sabha…

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COMMITTEE OF CREDITORS OF ESSAR STEEL INDIA LIMITED THROUGH AUTHORISED SIGNATORY V. SATISH KUMAR GUPTA AND ORS
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CITATION – (2020) 8 SCC 531  INTRODUCTION  The Essar Steel Case is a landmark judgment in the arena of Insolvency & Bankruptcy Law, which decided the supremacy of the financial creditors in the Committee of Creditors in cases of distribution of claims. It is one of the oldest cases going under the IBC process which lasted for approximately…

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JARNAIL SINGH V. LACHHMI NARAIN GUPTA 
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JUDGES  1. Former Chief Justice of India Dipak Misra,  2. Justice Kurian Joseph,  3. Justice RF Nariman,  4. Justice SK Kaul and  5. Justice Indu Malhotra.  ISSUES   Whether the Nagraj Judgement needed reconsideration by a seven-judge bench?   The second issue questioned whether the States had to collect quantifiable data to prove the backwardness and inadequacy of…

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Article XX(b) of GATT 1994
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Scope of the global trade restrictions  Article XX (b) of GATT 1945 states that; “Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement…

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