TIER-1

AMAZON- FUTURE RETAIL- RELIANCE: SUPREME COURT Shubham Budhiraja [1] I have divided this entire brief into few parts; 1.        History & Introduction 2.        Petitioner & Respondent contentions 3.        Judgment of the Court 4.        Road ahead HISTORY & INTRODUCTION The Dispute between Amazon and Future Retail and Reliance group has many facets. It is a battle to control the offline retail market between two dominant players. I.e. Amazon and Reliance Group Future Retail is a part of Future Group which started as offline Retail Company with a single store which later becomes India’s largest offline retail group in terms of revenue, consumer base, etc. The retail sector works in a way where cash inflows are delayed but cash outflow are on daily basis to maintain stock requirements, etc. Thus, working capital requirement is always hig...

  Can Banks make the Managing director personally liable for the dues of the company on basis of a cleverly drafted share pledge agreement?  Shubham Budhiraja Company A took credit facility from the bank and that the MD signed the credit facility agreement in its official capacity. In addition to it, MD pledges its 20,000 shares through share pledge agreement in favor of bank against the credit facility taken by the Company A. There arises some default and bank initiated recovery proceedings before debt recovery tribunal (DRT) under Recovery of debt due to banks & financial institution (RDDBFI) Act which passes the order ex-parte against MD & the Company A and make them liable jointly and severally. DRAT confirmed the order in appeal by holding that the term “borrower” under SARFESI Act includes pledger, etc. Hence, Writ petition under Article 226 seeking prayer in nature of appropriate writ to quash the DRT order & subsequently recovery proceedings . The HC ...

Shubham Budhiraja [1] The Delhi Govt. constituted committee to recommend on scheme to appreciate the role of advocates and to constitute a welfare scheme for them. The committee recommendations were accepted and Delhi CM Welfare scheme for Advocates brought into force. The conditions for getting benefit of this scheme were as follows: (I)                  Enrolled with Bar council of Delhi (II)              Member of any bar association such as Patiala House bar association, NCLT Bar association, Delhi HC bar association, etc. (III)              Must be resident of Delhi The 3 rd condition was challenged as arbitrary in a Writ Jurisdiction under Article 226 before High Court of Delhi. The Court held that though sub-classification of a class (i.e. Advocate enrolled with Delhi is...

Shubham Budhiraja [1] There were riots occurred in North-east part of Delhi and as a result various people have lost their life and property. There were allegations regarding role of Facebook and its failure of control over the hatred content. The Parliament constituted a committee to look into this issue and as a result they summoned the Facebook India President & he appeared before it. The Legislative assembly of Delhi Govt. also constituted a committee name “Peace & harmony committee” and one of agenda of committee was to look into this issue and take proper actions so that this kind of riots not to be repeated in future. It also has an agenda to identify the culprit and find charge-sheet against them. This committee has also summon Facebook India President but he has challenged the summon before apex court citing that (I)       The Peace & harmony committee of Legislative assembly of Delhi has no legislative competence because Law & order is mat...