Month: March 2018
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Subjectivity or Objectivity? Supreme Court on Implied Terms in Commercial Contracts
This post seeks to critically analyze the recent case of Nabha Power Limited (“NPL”) v. Punjab State Power Corporation Limited&Another (“PSPCL”)[1] with respect to remedying ambiguous terms in commercial contracts. This case is of vital importance as the Court comprehensively analysed Indian and International jurisprudence regarding implying terms in commercial contracts and upheld a 5-pronged test…
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Why hiring a real estate attorney when buying a property is important?
It has been a decade, however, the horrors of the financial crisis are still fresh in everyone’s mind. After the Great Recession disrupted the housing market, there has been only a slight increase in the number of renters to owners. According to the American Community Survey data, a huge shift of homeowners to renters was…
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The Insolvency and Bankruptcy Code, 2016: A Blessing for Outstanding Trade Creditors
The Insolvency and Bankruptcy Code, 2016 (IBC) has helped the operational creditors i.e. outstanding trade creditors to recover their dues. The definition of Operational Creditors also includes employees within its ambit. A rough estimate of the total cases filed in National Company Law Tribunal (NCLT) across the country shows that 70% or more of them…
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The Biggest Contribution of Legal Issues to Humanity
In the words of the legendary physicist, Albert Einstein “The strength of the Constitution lies entirely in the determination of each citizen to defend it”. It is us, the mere human souls of this world, that need to be the sole proprietor of every law binding constitution and its legitimacy. Though the government bodies are…
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Personal Guarantee and the issue of Moratorium under Insolvency and Bankruptcy Code, 2016
Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘Code’) was enacted with the aim of consolidating multiple legislations dealing with insolvency and bankruptcy and ensuring time-bound adjudication on the subject. Since the enactment of the Code, courts have made important rulings on a plethora of issues under the Code. Recently, a conflict of opinion…
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