Supreme Court Calls For Law To Clarify Validity Of Ipso Facto Contractual Clauses In Relation To Insolvency
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The Supreme Court has observed that lack of a legislative voice on the issue of validity/invalidity of ipso facto clauses relating to insolvency will lead to confusion and reduced commercial clarity.
The bench comprising
Gujarat Urja Vikas Nigam Limited of its Power Purchase Agreement with
Astonfield Solar (Gujarat) Private Limited.
In this case, PPA was signed on 30 April 2010, in accordance with which the Nigam has to purchase all the power generated by the Corporate Debtor. On 20 November 2018, the NCLT admitted a petition filed by the Corporate Debtor under Section 10 of the IBC and commenced the Corporate Insolvency Resolution Process. In May 2019, the Nigam issued termination notices in which it stated thus : Under Article 9.2.1(e) of the PPA, the Corporate Debtor undergoing CIRP under the IBC amounts to an event of default (b) under Article
NCLT Has Jurisdiction To Adjudicate Contractual Disputes Which Arise Solely From Or Which Relate To Corporate Debtor s Insolvency: Supreme Court
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Maratha Reservation: Supreme Court Issues Notice To All States, Will Consider Whether Mandal Commission Judgment To Be Re-looked
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The Supreme Court on Monday sought responses from the Centre and Facebook-owned WhatsApp within a month on a fresh plea alleging lower standards of privacy for Indian users as compared with European counterparts. A Bench, headed by Chief Justice S A Bobde, was hearing an interim application filed by petitioners, Karmanya Singh Sareen and Shreya Sethi, in a pending petition of 2017. Their lawyer, Shyam Diwan, said the messaging app was differentiating between European countries and India in its policy. The apex court said people have grave apprehensions that they will lose their privacy, and it is our duty to protect them. It added people value their privacy more than the value of the company, which might be in trillions. “You (Facebook and WhatsApp) may be two or three trillion (dollar) companies. But people value their privacy. It is our duty and we have to protect people s privacy,” Bobde said.