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

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

“OUR REASON IS OUR LAW.”

MILTON: PARADISE LOST, BK.IX, I.1652

CORPORATE

Union of India v. Oriental Bank of Commerce

NCLAT sets aside NCLT direction to implead MCA in all IBC matters and company petitions

The National Company Law Appellate Tribunal set aside the National Company Law Tribunal’s order directing impleadment of the Ministry of Corporate Affairs as a party in all Insolvency and Bankruptcy Code proceedings and company petitions.

The NCLAT observed that the direction effectively amounted to creation of a new procedural rule, which was beyond the powers and jurisdiction of the NCLT.

The Judgement can be accessed at:
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Guru Nanak Industries, Faridabad v. Amar Singh (Dead)

Retirement of one partner in a two-partner firm amounts to dissolution – Supreme Court

The Supreme Court held that where a partnership firm consists of only two partners, retirement of one partner results in dissolution of the partnership firm itself.

The Court observed that continuation of a partnership firm is legally impossible where only one partner remains after retirement of the other partner.

The Judgement can be accessed at:
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COVID-19

Union of India & Anr v. Deven Yogesh Kanani & Ors

Supreme Court permits Air India to operate flights with middle seat bookings for limited period

The Supreme Court allowed Air India to operate non-scheduled flights with middle seat bookings for a temporary period of ten days up to June 6.

The Court further directed that future non-scheduled operations after the permitted period must comply with the Bombay High Court’s direction requiring middle seats to remain vacant.

The Order can be accessed at:
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Muzafaauududin Khan S/o Zahiauududin Khan v. The State of Maharashtra & Ors

Bombay High Court suggests publication of WhatsApp details and helpline numbers for public assistance during lockdown

The Bombay High Court suggested that the Aurangabad Municipal Corporation publish WhatsApp numbers of shopkeepers to facilitate advance ordering of groceries and essential commodities during lockdown restrictions.

The Court also recommended periodic publication of 24-hour helpline numbers, control room details and nodal officer contact information in regional and English newspapers.

The suggestions were issued to improve accessibility and assistance for citizens during the nationwide COVID-19 lockdown.

The Judgement can be accessed at:
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