The article analyses the law related to One Time Settlement "OTS." The article discusses the law that OTS cannot be claimed as a matter of right from the bank. A court of law cannot direct OTS because that would mean the court is directing rescheduling of a loan. Where a creditor is enforcing...

Section 2(a) of the Central Goods & Services Tax Act, 2017 (hereinafter referred to as the ‘CGST Act') states that, “any lease, tenancy, easement, license to occupy land is a supply of services”, further, Section 2(b) of the CGST Act makes it clear that, “any lease or letting out of the...

The scope of an administration suit is to collect the assets of the deceased to pay off the debts and other charges and to find out what is the residue of the estate available for distribution amongst the heirs of the deceased. A suit for partition is distinct from an administration suit. Though...

Section 463 of the Indian Penal Code, 1860 defines the offense of forgery and Section 464 of the Indian Penal Code, 1860 substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offense of forgery under Section 463...

It is a settled proposition of law that, an agreement of sale comes into existence when the vendor agrees to sell and the purchaser agrees to purchase, for an agreed consideration on agreed terms. It can be oral. It can be by exchange of communications which may or may not be signed. It may be...

According to the purport of Section 39 of the Specific Relief Act, 1963, when, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach...

Section 34(3) of the A & C Act, 1996 specifically speaks of the date on which a request under Section 33 of the A & C Act, 1996 has been “disposed of” by the Arbitral Tribunal. That a “disposal” of the application can be either by allowing it or dismissing it. It is not necessary that...

The Limitation Act, 1963 is applicable to applications filed under Sections 7 and 9 of the IBC from the inception of the IBC; Article 137 of the Limitation Act, 1963 gets attracted to applications filed under Sections 7 and 9 of the IBC, therefore, ‘the right to sue' accrues when a default...

It is settled law that the object of Rule 10 of Order I of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) is essentially to bring on record all the persons who are parties to the dispute relating to the subject-matter of the suit so that the dispute may be determined in...

As per the amended Section 8 (1) of the A&C Act, 1996, the defendant is required to invoke the arbitration clause and apply to the Court for a reference thereunder by moving an application but is not required to file his written statement or any answer to set out his statement on the substance...