General Clauses Act, 1987

Visa Coke Ltd., an operational creditor, claimed that it had validly served a statutory demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, by sending Form 3 to the Key Managerial Personnel (KMP) of Mesco Kalinga Steel Ltd. at its registered office. The National Company Law Tribunal (NCLT) and th…

The appellant, Shrikant, was elected to the Maharashtra Legislative Council but his election was challenged on the ground that he held subsisting government contracts, which under Section 9A of the Representation of the People Act, 1951, would disqualify him. The contracts involved work for the State Government, one of…

Chintpurni Medical College obtained an Essentiality Certificate from the Punjab Government to establish a medical college, but the State later withdrew the certificate citing deficiencies and conditions it had imposed. The college challenged the withdrawal, arguing that the State lacked authority to rescind the certifi…

The Municipal Corporation of Kanpur, governed by the Uttar Pradesh Municipal Corporation Act, sought to limit gratuity payments to its employees to the rates prescribed under the 1962 Retirement Benefits and General Provident Fund Regulations, arguing that the Payment of Gratuity Act, 1972 did not apply to local bodies…