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SELECTED COMMENTARY ON RECENT JUDGMENTS FROM OUR PRACTICE

All Civil Company Criminal Family Law Insolvency Service Law Tax
Criminal
3 min read September 8, 2018

Section 446 Companies Act Cannot Override Section 138 Negotiable Instruments Act; NI Act Has Overriding Effect by Virtue of Section 143(1): Punjab and Haryana High Court

Punjab and Haryana High Court held that the NI Act confers overriding jurisdiction on criminal courts for cheque dishonour complaints under Section 138, even when a company is in winding up. The Companies Act cannot override the special law.

Insolvency
4 min read May 4, 2018

High Court Declines to Entertain Writ Petition Challenging NCLT Order; Statutory Remedy Under Section 61 IBC Must Be Availed

Division Bench of Punjab and Haryana High Court declined to entertain writ petition challenging NCLT order admitting Section 7 IBC application, directing petitioners to avail statutory remedy of appeal under Section 61 IBC before NCLAT.

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