Supreme Court of India Judgements

47080 Judgements hosted as on 16/04/2026 - Search (FREE), Subscribe, Read & Download

Category: I B C

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Admission of application for Corporate Insolvency Resolution Process (CIRP) — Rejection of settlement proposal — Court must ascertain existence of default in financial debt when a financial creditor triggers insolvency under Section 7 — No scope for inquiry into disputes regarding existence of debt or inability to pay at admission stage — Rejects arguments based on financial viability and settlement proposals.

Feb 22, 2026 sclaw

2026 INSC 166 SUPREME COURT OF INDIA FULL BENCH POWER TRUST (PROMOTER OF HIRANMAYE ENERGY LTD.) Vs. BHUVAN MADAN (INTERIM RESOLUTION PROFESSIONAL OF HIRANMAYE ENERGY LTD.) AND OTHERS ( Before…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 60(5)(c) — Jurisdiction of Adjudicating Authority — Declaration of title to trademark — NCLT exceeded its jurisdiction by declaring title to trademark “Gloster” in favour of the Successful Resolution Applicant (SRA) while adjudicating an application under Section 60(5) of the IBC, as the issue of trademark title was a highly contentious dispute beyond the scope of insolvency proceedings and not directly related to the CIRP.

Jan 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GLOSTER LIMITED Vs. GLOSTER CABLES LIMITED AND OTHERS ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No. 2996 of…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Corporate Insolvency Resolution Process (CIRP) — Admission of CIRP — Adjudicating Authority’s power and duty — Legal position is well-settled that once the Adjudicating Authority is satisfied that a financial debt exists and a default has occurred, it must admit the application — Inquiry under Section 7(5)(a) is confined strictly to determination of debt and default, leaving no scope for equitable or discretionary considerations — Reliance on Vidarbha Industries is misconceived; it is a narrow exception confined to its peculiar facts — Admission under Section 7 remains mandatory once debt and default are established — Any alleged non-cooperation by the financial creditor occurred subsequent to the default and cannot absolve the corporate debtor of its admitted failure to comply with its payment obligations. (Paras 12.3, 12.6, 12.9, 12.10)

Jan 17, 2026 sclaw

2026 INSC 58 SUPREME COURT OF INDIA DIVISION BENCH ELEGNA CO-OP. HOUSING AND COMMERCIAL SOCIETY LTD. Vs. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED AND ANOTHER ( Before : J.B. Pardiwala and…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)

Dec 13, 2025 sclaw

2025 INSC 1410 SUPREME COURT OF INDIA DIVISION BENCH M/S. SARASWATI WIRE AND CABLE INDUSTRIES Vs. MOHAMMAD MOINUDDIN KHAN AND OTHERS ( Before : Sanjay Kumar and Alok Aradhe, JJ.…

I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)

Dec 13, 2025 sclaw

2025 INSC 1411 SUPREME COURT OF INDIA DIVISION BENCH M/S. SHRI KARSHNI ALLOYS PRIVATE LIMITED Vs. RAMAKRISHNAN SADASIVAN ( Before : Sanjay Kumar and Alok Aradhe, JJ. ) Civil Appeal…

I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 7 — Application by Financial Creditor — Rejection for technical defects — Affidavit Verification — Whether an application under Section 7 of the IBC, verified later than the date of the supporting affidavit, is liable to be rejected at the threshold — Mere filing of a ‘defective’ affidavit (e.g., dated before application verification) does not render the Section 7 application non est and liable to be rejected; such a defect is curable and not fundamental. (Paras 1, 17)

Nov 30, 2025 sclaw

2025 INSC 1349 SUPREME COURT OF INDIA DIVISION BENCH LIVEIN AQUA SOLUTIONS PRIVATE LIMITED Vs. HDFC BANK LIMITED ( Before : Sanjay Kumar and Alok Aradhe, JJ. ) Civil Appeal…

I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 14 — Moratorium — Applicability to terminated Development Agreements — Development Agreement constitutes ‘asset’ or ‘property’ of Corporate Debtor only if it creates subsisting proprietary, possessory or legally enforceable right — Termination of Development Agreement based on Corporate Debtor’s persistent and prolonged non-performance, occurring prior to initiation of Corporate Insolvency Resolution Process (CIRP), is valid and lawful — Moratorium under Section 14 does not revive contracts validly terminated before insolvency or protect mere inchoate or forfeited contractual rights — Where developer never obtained possession and failed to perform core obligations, its development rights do not constitute ‘assets’ or ‘property’ of the Corporate Debtor, and the moratorium does not apply. (Paras 15.5, 15.6, 16.4, 16.7, 16.12, 20, 21(i), 21(ii))

Nov 30, 2025 sclaw

2025 INSC 1366 SUPREME COURT OF INDIA DIVISION BENCH A A ESTATES PRIVATE LIMITED THROUGH ITS RESOLUTION PROFESSIONAL HARSHAD SHAMKANT DESHPANDE AND ANOTHER Vs. KHER NAGAR SUKHSADAN CO-OPERATIVE HOUSING SOCIETY…

Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S A.S. MET CORP PRIVATE LIMITED Vs. THE REGISTRAR AND OTHERS ( Before : Surya Kant and Joymalya Bagchi, JJ. ) Writ Petition(s)(Criminal) No(s).440/2025…

I B C

. Insolvency and Bankruptcy Code, 2016 — Section 62 — Appeal to Supreme Court — Limited to questions of law — Concurrent findings of fact by NCLT and NCLAT ordinarily not to be interfered with — Unless view taken in ignorance of statutory provisions, based on extraneous consideration or ex-facie arbitrary/illegal.

Sep 28, 2025 sclaw

2025 INSC 1165 SUPREME COURT OF INDIA FULL BENCH KALYANI TRANSCO Vs. M/S BHUSHAN POWER AND STEEL LIMITED AND OTHERS ( Before : B.R. Gavai, CJI, Satish Chandra Sharma and…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 62; Section 14(1)(d) — Appeal against NCLAT order setting aside NCLT order directing return of property — NCLT had directed return of property based on CoC decision that property not required by corporate debtor — NCLAT set aside NCLT order invoking Section 14(1)(d) barring recovery of property during CIRP — Supreme Court held that Section 14(1)(d) not applicable as CoC and Resolution Professional initiated the process for returning property due to financial burden of rentals, and not a simple recovery by owner — Commercial wisdom of CoC regarding non-retention of property given primacy — NCLAT order set aside, NCLT order restored.

Aug 9, 2025 sclaw

2025 INSC 931 SUPREME COURT OF INDIA DIVISION BENCH SINCERE SECURITIES PRIVATE LIMITED AND OTHERS Vs. CHANDRAKANT KHEMKA AND OTHERS ( Before : Sanjay Kumar and Satish Chandra Sharma, JJ.…

You missed

Constitution Corporate

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.

Apr 16, 2026 sclaw
Corruption

Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.

Apr 16, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.

Apr 16, 2026 sclaw
Service

Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.

Apr 16, 2026 sclaw