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100 homebuyers' nod must for IBC against realtor, says Supreme Court

In a move that will safeguard real estate companies from frivolous litigation, the Supreme Court (SC) has upheld the constitutional validity of the Insolvency and Bankruptcy Code (IBC) amendment that requires at least 100 allottees, or 10 per cent of creditors, to invoke an insolvency petition against a company. A Bench of Justices R F Nariman, Navin Sinha, and K M Joseph said in its 465-page order that insisting on a threshold with regard to these categories of creditors would lead to a halt in indiscriminate litigation which could result in uncontrollable docket explosion as far as the authorities who work with the Code are concerned.

Rajiv-chandak
Navin-sinha
Supreme-court
Shardul-amarchand-mangaldas-co
Bankruptcy-code
Justices-rf-nariman
Shardul-amarchand-mangaldas
Home-buyers
Cibc
Insolvency-petition
Real-estate
Ibc-amendment

Supreme Court Weekly Roundup [Jan 11 – Jan 17]

Top Stories: 1. We Are Extremely Disappointed At The Way Govt. Handling The Farmers Protests And Farm Laws ,Chief Justice Bobde [Rakesh Vaishnav & Ors. v. Union of India & Ors.] The Chief.

India
Yamuna
India-general
Hyderabad
Andhra-pradesh
Himachal-pradesh
Karnataka
State-of-karnataka
Andhra
State-of-andhra-pradesh
Delhi
Telangana

Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench

The Supreme Court has referred to larger bench the issue whether the appointment of an arbitrator by a person, who is disqualified to be an arbitrator as per Section 12(5) of the Arbitration Act, is.

Kolkata
West-bengal
India
Calcutta
Allahabad
Uttar-pradesh
Bharat
Justice-nariman
Navin-sinha
Justice-rohinton-nariman
Hrishikesh-roy
Justice-rajesh-dayal-khare

Centre moves Supreme Court to keep adultery as a crime in the armed forces

Centre moves Supreme Court to keep adultery as a crime in the armed forces Published : Jan 14, 2021, 4:35 am IST Updated : Jan 14, 2021, 4:35 am IST The Centre said the order decriminalising adultery should not apply to the armed forces, where such acts amount to “unbecoming conduct”  The Supreme Court had in its 2018 judgment said Section 497 is a denial of the constitutional guarantees of dignity, liberty, privacy and sexual autonomy that are intrinsic to Article 21 of the Constitution. (Representational Photo:PTI) New Delhi: The Centre on Wednesday moved the Supreme Court seeking to exclude from the ambit of its 2018 order decriminalising adultery all personnel of the armed forces, who can be cashiered from service on the grounds of “unbecoming conduct” for committing adultery with a colleague’s wife.

United-kingdom
New-delhi
Delhi
India
Justice-nariman
Justice-sharada-bobde
Navin-sinha
Justice-dipak-misra
Justiceam-khanwilkar
Centre-on
Supreme-court
Constitution-bench

Decriminalising Adultery Could Lead To 'Instability' In Armed Forces: Govt To SC

Decriminalising Adultery Could Lead To ‘Instability’ In Armed Forces: Govt To SC In September 2018, a five-judge constitution bench struck down Section 497 of the Indian Penal Code, declaring it to be unconstitutional and violative of right to equality of women in treating them as inferior to their husbands PTI Outlook Web Bureau 2021-01-14T10:04:18+05:30 Decriminalising Adultery Could Lead To ‘Instability’ In Armed Forces: Govt To SC outlookindia.com 2021-01-14T10:12:54+05:30 The Centre on Wednesday sought a clarification from the Supreme Court to the effect that the 2018 order decriminalising adultery would apply only to civilians and not defence personnel because not prosecuting soldiers for adultery could cause “instability” in the armed forces.

Sachin-sharma
Navin-sinha
Justice-sa-bobde
Centre-on
Supreme-court
Applicants-services
Ministry-of-defence
Justices-rf-nariman
Joseph-shine
Constitution-bench
Chief-justice
Defence-personnel

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