Knowledge Corner

Latest News - July 2020 - Issue 05

Latest News - July 2020 - Issue 05

Hon’ble Supreme Court held that for proceeding against a director of a company for contravention of provisions of Foreign Exchange Regulation Act, 1973, the necessary ingredient for proceeding shall be at the time of offence committed the director was in charge and was responsible to the company for the conduct of the business of the company. Shailendra Swarup V. The Deputy Director Enforcement Directorate, 2020 SCC OnLine SC 600.

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Latest News - July 2020 - Issue 04

Latest News - July 2020 - Issue 04

Hon’ble Supreme Court held that the doctrine of contemporanea Expositio cannot be applied when the construction placed by the contemporary authority is found to be clearly wrong or erroneous. M/s Ultratech Cement Ltd V. State of Rajasthan & Ors., 2020 SCC OnLine SC 582. Hon’ble Supreme Court held that a High Court cannot allow the second appeal without having formulated a substantial question of law. The court ought to have formulated substantial question of law and proceed with the arguments.

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Latest News - July 2020 - Issue 03

Latest News - July 2020 - Issue 03

Hon’ble Supreme Court of India held that the certificate under Sec.65B (4) of the Evidence act is a condition precedent to the admissibility of electronic evidence. The application can be made to the Trial Court to direct a person to produce the certificate under Sec.65B (4) of Evidence Act on the refusal of such person to produce the same. It is further stated that the required certificate under Sec.65B (4) is unnecessary if the original document itself is produced. Arjun Panditrao Khotkar V. Kailash Kushanrao Gorantyal And Ors., 2020 3 SCC 216. News - July 2020 - Issue 02

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Latest News - July 2020 - Issue 02

Latest News - July 2020 - Issue 02

Hon’ble Supreme Court held that disputer as on inheritance of shares cannot be decided in proceedings under Sec.241and 242 of the Companies Act, 2013. The court directed the the party to drop the proceedings filed before NCLT to file the fresh application, if the decree is in favour of the respondent and all questions shall be decided in the pending Civil suit. Aruna Oswal V. Pankaj Oswal.,CIVIL APPEAL NO.9340 OF 2019.

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