Supreme Court of India Judgements

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Category: I B C

Companies Act I B C

Companies Act, 2013 — Sections 241, 242, 244, 59 — Oppression and mismanagement — Interim protection — Supreme Court’s role is to preserve the subject matter of the dispute until the competent forum adjudicates the matter — Interim measures should ensure that the subject matter remains protected while allowing the statutory forum to proceed with adjudication.

Mar 14, 2026 sclaw

2026 INSC 226 SUPREME COURT OF INDIA DIVISION BENCH MONIVEDA CONSULTANTS LLP AND ANOTHER Vs. SHAJAS DEVELOPERS PRIVATE LIMITED AND OTHERS ( Before : Dipankar Datta and Augustine George Masih,…

I B C

Insolvency and Bankruptcy Code, 2016 — Committee of Creditors (CoC) — Commercial Wisdom — Legislative intent to vest decisive authority in CoC, which comprises financial creditors who bear economic consequences of failure — Decisions on viability, valuation, and haircuts are commercial, not judicial — Courts do not substitute their assessment for that of the CoC — Adjudicatory authority performs a supervisory role, ensuring statutory compliance and procedural fairness, but refrains from second-guessing economic bodies.

Mar 4, 2026 sclaw

2026 INSC 206 SUPREME COURT OF INDIA DIVISION BENCH TORRENT POWER LTD. Vs. ASHISH ARJUNKUMAR RATHI AND OTHERS ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Civil Appeal…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

Feb 28, 2026 sclaw

2026 INSC 186 SUPREME COURT OF INDIA DIVISION BENCH CATALYST TRUSTEESHIP LTD. Vs. ECSTASY REALTY PVT. LTD. ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal…

I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

Feb 28, 2026 sclaw

2026 INSC 189 SUPREME COURT OF INDIA DIVISION BENCH OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED. Vs. AMIT CHATURVEDI AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. )…

I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Feb 28, 2026 sclaw

2026 INSC 187 SUPREME COURT OF INDIA DIVISION BENCH S. RAJENDRAN Vs. THE DEPUTY COMMISSIONER OF INCOME TAX (BENAMI PROHIBITION) AND OTHERS ( Before : Pamidighantam Sri Narasimha and Atul…

I B C

Insolvency and Bankruptcy Code (IBC), 2016 — Sections 7 and 60(2) — Corporate Insolvency Resolution Process (CIRP) — Initiation against principal debtor and guarantor — Co-extensive liability — Creditor can initiate CIRP against both the principal debtor and guarantor simultaneously, and also file claims in the CIRP of both.

Feb 28, 2026 sclaw

2026 INSC 201 SUPREME COURT OF INDIA DIVISION BENCH ICICI BANK LIMITED AND OTHERS Vs. ERA INFRASTRUCTURE (INDIA) LIMITED AND OTHERS ( Before : Dipankar Datta and Augustine George Masih,…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.

Feb 22, 2026 sclaw

2026 INSC 153 SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA Vs. UNION OF INDIA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ.…

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…

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Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw
RTI

Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.

Jun 16, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

Jun 16, 2026 sclaw