Supreme Court of India Judgements

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IBC | When Matter Heard But No Order Pronounced On The Same Day, Limitation To Commence From The Date When Order Gets Uploaded

Bysclaw

Dec 17, 2023

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By sclaw

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I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.

Apr 12, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.

Mar 24, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 31(1) — Corporate Insolvency Resolution Process (CIRP) — Resolution Plan — “Clean Slate” Principle — Effect of Approval — Claims not part of resolution plan stand extinguished — No affirmative relief can be granted for such claims — Division Bench judgment set aside.

Mar 22, 2026 sclaw

You missed

Constitution

Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems.

Apr 22, 2026 sclaw
Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.

Apr 22, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India.

Apr 22, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial.

Apr 22, 2026 sclaw