IBC Code: Important Supreme Court Judgments In 2018

Abortion remains among the most heated and widely contested topics of modern times, throughout the United States. The U.S. Supreme Court ruled on the issue in the groundbreaking case of Roe V. Wade in 1973. That case, decided mainly on the grounds of the privacy protections afforded Americans under the Fourteenth Amendment of the U.S. Constitution, set a landmark precedence which has yet to be overturned. The highest court in the land is not the only place for such debates on the subject though. This complex topic is but one that arouses a number of opposing and compelling rationales as to why this concept should be employed or resisted, with a basis for support and opposition rooted in moral, cultural, logical, and personal values. When particulars are involved, the debate often becomes unclear. Some of the exceptions that bar a woman from choosing to terminate her pregnancy include the gestational stage of her pregnancy and the method she wants to employ. For example, partial-birth abortions, once somewhat common place, have now become prohibited by US law. Specifically, the Partial-Birth Abortion Ban Act of 2003, which defeated a constitutional challenge four years later in Gonzales V. Carhart, provides criminal penalties for performing such a procedure. Maybe the next avenue for this constant debate takes the form of a pill. The morning after pill, available across the U.S. Georgia and Alaska, is marketed as a new form of contraception but labeled by opponents as an “easy fix” abortion pill. From bigger cities like Atlanta to smaller communities, the morning after pill debate continues to make headlines. For more information about morning after pill Atlanta or morning after pill Georgia, simply click the link.

If the objections are not removed within seven days, the applicant while refilling the application after removing the objections, file an application in writing showing sufficient cause as to why the applicant could not remove the objections within seven days. Once the NCLT is satisfied with the cause it can entertain the application; otherwise, the application needs to be rejected. In a land mark judgment in Mobilox Innovations Private Limited Vs. The Code mandates that NCLT shall reject an application for corporate insolvency by an operation creditor, if the debtor has served a notice of dispute upon the operational creditor. The question before the Supreme Court was whether only a dispute pending before the court or arbitral tribunal could stop the insolvency proceedings or any other kind of dispute would qualify the criterion. ], the Court held that the interpretation of the term ‘existence of dispute’ includes dispute raised by the operational debtor prior to the issue of demand notice, even though no suit or arbitration is pending in respect of such dispute.

Accordingly, an email send by the debtor, raising dispute, prior to the issue of demand notice by the creditor, will also fall under the definition of dispute under the Code. ] to consider whether dispute should fall under the three categories mentioned in the definition viz: the existence of amount of debt; quality of goods or services; or breach of representation or warranty. The Court held that the definition is inclusive one as it only deals with suits or arbitration proceedings relating any one of the three categories and not any other kind of dispute. So long as there is a real dispute between the parties even though it does not fall under the above three category, it would fall under the inclusive definition of dispute under section 5(6) of the Code. Hence, dispute raised by the debtor regarding breach of an NDA by the operational creditor in respect of the service provided the operational creditor was held to be a dispute with in the meaning of the Code. In another landmark judgment delivered in Macquarie Bank Limited Vs. ], Supreme Court brought clarity to two crucial issues pertaining to the Code.

The first question was whether, in relation to an operational debt, the provision contained in Section 9(3)(c) of the Code is mandatory. This above requirement has resulted into undue hardship while filing application against operational creditor mainly due to the reason that financial institutions are often hesitant to issue such certificate. The second issue under consideration was whether lawyer could issue demand notice under the Code on behalf of operational creditor. The issue is significant due to the earlier decisions of lower adjudicating authorities that only a creditor himself or person holding position with the creditor can issue demand notice. Since lawyers often do not hold position with the creditor, this means that he could not issue demand notice. The Court analyzed the provisions of the Code and categorically concluded that not only the creditor and his authorized agent but lawyers are also entitled to issue demand notice under the Code on behalf of creditors. Owing to the active involvement of judiciary, the Code is rapidly evolving with each passing day. We expect that the apex court will settle various other pending issues by this year, paving the way for a smoother path for insolvency and bankruptcy regime in the country. ] Civil Appeal Nos.

Taking an India Tour Package to explore the diverse country? You could cover it region-wise extensively; traverse the mountains of the North, beaches of South, dessert of West , hills and valleys of the East. The northern region comprises of the great Himalayan range and the Indus-Gangentic plain; the dominant geographical features. Make best use of your holidays in India. States that come under this region are Punjab, Haryana, Uttarakhand, Jammu &Kashmir, Himachal Pradesh and Chandigarh. Also, Rajasthan, Bihar, U.P and M.P. The climate in this region is extreme; hot summers, moderate monsoons, cold winters. It’s the perfect abode of flora and fauna. While opting for a holiday package, ensure that you choose one that taps on all birds, animals, vegetation; takes you through all wildlife and national parks. The list includes Corbett National Park, Nanda Devi National Park, Dachigam National Park, Desert National Park, Great Himalayan National Park, Bharatpur Bird Sanctuary, Ranthambore National Park. Northern region’s diverse in landscape; you’ll get to explore the Thar desert as well as The Great Himalayan Range. For all those religious people seeking to discover pilgrimages, there is char dham, vaishnodevi, Varanasi, Pushkar, Mathura and Rishiekesh.

Rishikesh is the perfect place to calm your adventurous stride with white water river rafting and hill top treks. Going statewise, start at Chandigarh which is the best planned city with renowned architecture and rich heritage. In the city you’ll find a Rock Garden and International Dolls Museum along with a cactus garden which should be on your must-visit list. Moving on to the glorious capital of the country, Delhi which represents an amalgum of all cultures. You’ll find the President House, Parliament House and the Supreme Court. This city’s also house to a lot of monuments including QutubMinar, the Humayun Tomb, red Fort, Old Fort, India Gate along with the old streets of Chandni CHowk and the modern shopping complexes and malls. The state of Haryana is known for its green landscape. Moving on to the next state which was anciently known as the abode of Gods, Himachal Pradesh. It houses a variety of hill stations known as Kullu, Dharamshala, Manali and Shimla. On your way to Himachal Pradesh, you find dense deodar forests and apple orchards. The state is famous for handicrafts, hand woven shawls and carpets. Next you need to visit the paradise of India, the most beautiful state- Jammu and Kashmir. You can enjoy a day or two, even night at a house boat- Shikara- in the Dal Lake. The famous cities are Srinagar, Jammu and Ladakh, each being a retreat to your eyes. When taking a tour, you should ensure to cover all these cities. Once you’re done with the abovementioned states, you can move down to the wheat-provider Punjab which is famous for it’s agricultural industries. Famous places in this culturally-rich state are Wagah Border, the Golden Temple and JallianwallahBagh. You could bring a perfect end to the tour by finishing your travel with The Taj Mahal and FatehpurSikri in Agra.

The ruling by the Supreme Court on ObamaCare has set the chattering classes to working overtime but that’s merely the latest move in a long, fierce battle. The Department of Justice’s secret program, “Fast and Furious”, with Eric Holder at the head of it. Again, the Department of Justice’s cynical and openly racialist Civil Rights division. Holder is clutching the keys to that one, too. Federal Judge Rebuffs Justice DepartmentThe Obama administration has encountered a setback in its attempt to stop Florida from removing non-citizens from the state’s voting rolls. On Tuesday, a federal judge rejected DOJ’s argument that the National Voter Registration Act bars the removal of non-citizens within 90 days of a federal election. Florida’s primary is on Aug. 14. U.S. District Judge Robert Hinkle, a Clinton appointee, refused DOJ’s request for a temporary restraining order. Hinkle agreed that federal laws are designed to block states from removing eligible voters close to an election. But he said those rules are not designed to stop states from blocking voters who should have never been allowed to cast ballots in the first place, the Associated Press reported.

The Bar Council of India (BCI) issued the Certificate of Practise and Renewal Rules issued in 2014 stating that to be enrolled as a Supreme Court lawyer, an advocate has to fulfill certain conditions. For lawyers who want to be registered as Supreme Court Lawyers, must have a post qualification experience of 5 years which must include 3 years of practise in trial court, 2 years in High Court. After that he must take training under an Advocate on Record (registered Supreme Court Lawyer). Supreme Court Advocate-on-Record Exams: Who has such post qualification experience, can appear for examination conducted and regulated by the Board of Examiners who are governed and regulated by the Supreme Court. On clearing the examination, the lawyer must have a registered office within a radius of 10 miles from the Supreme Court of India and must have a registered clerk in the office. As Supreme Court is the Highest Court of practice for a lawyer, it is not that easy to get enrolled.

As per a study conducted, more or less around 18% of the total appearing candidates qualify in this examination. The examination is held every year in May-June. The total marks is 100, and total number of questions is 27 which is divided among four papers. The candidate has to obtain at least 50% marks in each paper and 60% in aggregate to qualify. If a candidate obtains less than 50% in a paper but obtains 60% in aggregate, then such candidate can rewrite that particular paper in the subsequent examination paying the total examination fees. If a candidate obtains 50% in each paper, but fails to obtain 60% in aggregate, then in such situation the candidate can rewrite any one paper of his/her choice in the subsequent examination by paying the full examination fee. A candidate shall get maximum 5 chances to appear for the examination. Appearing for one paper too is counted as a chance.

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Does a lawyer violate a state imposed suspension order if he continues to practice in federal court? That is the issue presented by a case working its way to the Louisiana Supreme Court. There, the attorney was prohibited by an Order of the Louisiana Supreme Court from practicing in the state of Louisiana, but he was still licensed in the federal court system. The situation was brought to the attention of the federal judges in the Eastern District of Louisiana but they declined to suspend the attorney in the federal court. In other words, the attorney was permitted by the federal court system to continue to practice law in the Eastern District of Louisiana although his Louisiana law license had been suspended by order of the Louisiana Supreme Court. Once the lawyer served his suspension, he requested reinstatement. The hearing committee decided that the attorney did not violate the terms of the suspension order by continuing to represent Louisiana residents in federal courts and recommended reinstatement. The Disciplinary Board split 4-4, thus adopting the decision of the hearing committee. The matter is now before the Supreme Court. This is an interesting question. Obviously, the state Supreme Court has no authority over the lawyer’s practice in federal court. If he was allowed to practice there – particularly after being informed of the state suspension – then he had a perfect right to continue to do so. The fact that may make a difference, though, is that the attorney was not representing clients in matters that were exclusively federal. The attorney was practicing state law, so to speak, in federal court. The issue is whether the authority to suspend an attorney from practice is geographical, jurisdictional or even topical.

Senate votes to confirm Brett Kavanaugh to Supreme Court; Dana Perino reflects on working with Brett Kavanaugh in the Bush White House. Brett Kavanaugh, the newest Supreme Court justice, has kept one of the promises he made during his extremely divisive confirmation process: hiring an all-female contingent of law clerks. Kavanaugh’s contentious confirmation was nearly derailed after multiple women accused him of sexual misconduct. Kavanaugh vehemently denied the allegations and was ultimately confirmed to the nation’s highest bench in a 50-48 vote. During the confirmation process, Kavanaugh said he hired an all-women team — a first for the Supreme Court —before the sexual misconduct allegations came to light. Read on for a look at the women Kavanaugh hired. A graduate of Harvard University and Stanford University, Grammel is a former president of the Stanford Law Review, according to The Washington Post. She’s also served as a law clerk for other judges appointed by Republican presidents, The New York Times reported. Jackson already has practice working for Kavanaugh; she worked for him on the appeals court, according to The Times. Also like Kavanaugh, she went to Yale Law School. A graduate of the University of Virginia Law School and Hillsdale College, Lacy was on the White House team tasked with handling Kavanaugh’s nomination, according to The Post. Nommensen is a former student of Kavanaugh’s, having taken his class at Harvard Law School, The Post reported. Aside from her clerkships, she most recently worked in the Justice Department’s office of legal counsel. At Harvard, Nommensen was vice president of social activities for the school’s Federalist Society chapter. She also signed onto a letter of former students in support of Kavanaugh.

In a last-minute decision, the judge ordered defense lawyers to cram overnight and deliver closing arguments the next morning, but gave prosecutors the weekend to write theirs. He also let prosecutors introduce another judge’s scathing order from a child-custody case that called the defendant a “smothering” mother, although that judge and the social workers he cited were not witnesses who could be cross-examined. Once prosecutors submit their response, due on May 21, Alan Dershowitz plans to deploy his flashy oratory in arguments in the Appellate Division of State Supreme Court, in Brooklyn. Even in Queens, a borough that defense lawyers say is relatively sympathetic to prosecutors, the trial “stands out” as unfair, Nathan Dershowitz said recently. A spokesman for the Queens district attorney, Richard A. Brown, who has called the trial fair and professional, said on Friday that prosecutors would respond to the brief’s contentions in court. Justice Hanophy’s assistant said the judge was not allowed to comment.

Breaking: Mitt Romney secret video where he calls half the US population welfare grubbing tax cheats. Mother Jones video here. For those of you who celebrate the Jewish New Year- happy new year. For those of you who don’t- happy day off. What Rumpole is Reading? Lots of things actually, but isn’t that always the case? Presidential junkies will love “The President’s Club” by Nancy Gibbs and Michael Duffy. Want to know how presidents treat former presidents? This is the book. Starting when Truman resurrected Hoover, to the unlikely “adoption” of Clinton by the Bush family, this book will surprise those of you who, like us, think we know it all when it comes to the presidency. As a one term president who oversaw the start of the depression, Hoover was 58 when he was turned out of office. He would live for another 32 years, and was banished into the political wilderness until Harry Truman reached out and asked him in 1947 to help save Europe from starvation.

Bob Woodward’s “The Price Of Politics” continues Woodward’s inside reporting on the Obama administration. Remember the budget and debt ceiling crises of 2010-2011? Woodward reports it in excruciating detail. Finishing the book automatically makes you a budget and policy wonk. David Herbert Donald’s “Lincoln” bears re-reading in the run up to the November premier of Spielberg’s Lincoln staring Daniel Day Lewis. Donald’s book has become the recent definitive biography of America’s greatest president. Dwight Eisenhower is under going a renaissance of sorts these days, so we decided to start with Stephen Ambrose’s “The Supreme Commander” which chronicles Ike’s rise to supreme commander in WWII. There is more to us then presidents and politics and we often peruse the smallest corners of the internet searching for a new writer. We think we’ve found a gem in Hugh Howey, who appears to be a self e-publisher. We started with a short story “The Walk Up Nameless Ridge”, continued with a teenage coming of age-first love- angst story in “Hurricane” (superb character development) and are now wadding into Howey’s multi-part apocalyptic series : “Wool”.

That should keep you busy for a while. Judging from the comments over the weekend in the “MISTAKES and mistakes” post, morale in the Dade Public Defenders Office is just above morale in the Romney campaign, and just below those “Sarah Palin in 2016” supporters morale. Morale in the PDs office is low. Very low. The biggest complaint beyond the latest firing seems to be the fostering of an attitude of “Mitigation NOT Litigation”. It’s easy to criticize such a motto, but it’s harder (impossible really) to try all of the tens of thousands of cases the PDs office is appointed to handle. Any large office providing legal services to indigent clients in criminal court had better have a bevy of top notch mitigation experts ready to assist in the myriad of cases the office handles. Rumors of lots of attorneys preparing to leave are rampant. And we say: “In this economy?” Really? Jobs in the Dade PDs office (and the Dade SAO) are high coveted and prestigious. Once hired, either office is going to provide the new attorney with a legal education easily worth a million dollars. So is moral really that low? Or are our commentators just the outspoken “nattering nabobs of negativism?” Extra credit: Who first said that alliterative phrase and who wrote it?