Orders and Judgments Duration June 23, 2020-July 07, 2020

CORPORATE

Mohan Lal Jain v. Insolvency & Bankruptcy Board of India

Delhi High Court stays penalty imposed on Insolvency Professional for alleged violation of moratorium provisions under IBC

The Delhi High Court stayed the penalty imposed on an Insolvency Professional who was alleged to have violated the moratorium provisions under the Insolvency and Bankruptcy Code.

The matter related to alleged actions taken contrary to the restrictions imposed during the moratorium period under the IBC framework.

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RESERVE BANK OF INDIA

Kejriwal Mining Pvt Ltd and Others v. Allahabad Bank and Another

Writ jurisdiction against wilful defaulter declaration limited to cases of patent illegality – Calcutta High Court

The Calcutta High Court held that writ jurisdiction against declarations of wilful defaulter can be exercised only in limited cases involving patent illegality, mala fide action, arbitrariness, bias or abuse of process.

The Court observed that detailed re-appreciation of evidence or reconsideration of documents falls outside the scope of writ jurisdiction.

The Bench further clarified that issues requiring threadbare examination should be addressed before the Review Committee under the RBI framework.

The Judgement can be accessed at:
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INSURANCE

United India Insurance Co Ltd v. Satinder Kaur @ Satwinder Kaur

Separate compensation for ‘Loss of Love and Affection’ in addition to ‘Loss of Consortium’ not justified – Supreme Court

The Supreme Court held that awarding compensation separately for “loss of love and affection” in addition to “loss of consortium” is not legally justified.

The Court clarified principles governing compensation in motor accident claims while examining the scope of conventional heads of damages.

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Orders and Judgments Duration June 23, 2020-July 07, 2020

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