Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: I B C

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 30(2), 52 and 53 – In terms of Section 52 of the Code, a secured creditor in liquidation proceedings has the right to relinquish its security interest to the liquidation estate and receive proceeds from the sale of assets by the liquidator in the manner specified under Section 53 of the Code.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S VISTRA ITCL (INDIA) LTD AND OTHERS — Appellant Vs. MR. DINKAR VENKATASUBRAMANIAN AND ANOTHER — Respondent ( Before : M. R. Shah and…

Companies Act I B C

Companies Act, 2013 – Section 164(2)(b) – Insolvency Resolution Process – Unless a categorical finding was recorded in the competent forum as regards any such default and unless specific order disqualifying the resolution applicant as director because of such default came into existence, it could not have been taken by way of any process of assumption that the appellant-resolution applicant was disqualified

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.K. RAJAGOPALAN — Appellant Vs. DR. PERIASAMY PALANI GOUNDER AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil…

I B C

Insolvency and Bankruptcy Code, 2016 – Distribution of the assets – Companies Act, 2013 – Sections 326 and 327 of Companies act shall not be applicable – the distribution of the assets shall have to be made as per Section 53 of the IBC subject to Section 36(4) of the IBC, in case of liquidation of company under IBC

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOSER BAER KARAMCHARI UNION THR. PRESIDENT MAHESH CHAND SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah…

I B C

I B C, 2016 – S 12A – application under section 12A for withdrawal cannot be said to be kept pending for constitution of CoC, even where such application was filed before constitution of CoC HELD substituted Regulation 30A of IBC as it stands clearly provided for withdrawal applications being entertained before constitution of CoC – It does not in any way conflicts or is in violation of section 12A of IBC.

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SINGH — Appellant Vs. HUHTAMAKI PPL LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. ) Civil Appeal…

Cheque Dishonour I B C

Dishonour of cheque – Liability – the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the corporate debtor if the same is taken over by a new management – Section 138 proceedings in relation to the signatories/directors who are liable/covered by the two provisos to Section 32A(1) will continue in accordance with law.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAY KUMAR RADHEYSHYAM GOENKA — Appellant Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…

I B C

Insolvency and Bankruptcy Code, 2016- Sections 18 and 25 – Exclusion of assets owned by a third-party, but in the possession of the Corporate Debtor held under contractual arrangements, from the definition of the expression “assets”, is limited to Section 18 – In other words, the Explanation under Section 18 does not extend to Section 25.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VICTORY IRON WORKS LIMITED — Appellant Vs. JITENDRA LOHIA AND ANOTHER — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Civil…

I B C

HELD allow the Resolution Plan (RP) preferred by Authum Investment and Infrastructure Limited (AIIL) qua the debenture holders, except the dissenting debenture holders – Direction that the dissenting debenture holders should be provided an option to accept the terms of the RP. Alternatively, the dissenting debenture holders will have a right to stand outside the proposed RP framed

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AUTHUM INVESTMENT AND INFRASTRUCTURE LIMITED — Appellant Vs. R.K. MOHATTA FAMILY TRUST AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar,…

I B C

Limitation Act, 1963 – Section 5 – Insolvency and Bankruptcy Code, 2016 – Section 9 – Sick Industrial Companies (Special Provisions) Act, 1985 – Sections 22(1) and 22(5) – Application under Section 9 of IBC – – in accordance with the factual position obtained in any particular case viz., the period of delay and the period covered by suspension of right under Section 22 (1), SICA etc., the question of condonation of delay has to be considered lest it will result in injustice as the party was statutorily prevented from initiating action against the industrial company concerned.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SABARMATI GAS LIMITED — Appellant Vs. SHAH ALLOYS LIMITED — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Civil Appeal No.…

I B C

IBC, 2016 Ss 7 & 9 – Limitation – HELD It would be absurd to hold that the CIRP could be initiated by filing an application under Section 7 or Section 9 of the IBC, within three years from the date on which an application under those provisions of the IBC could have first been made before the NCLT even though the right to sue may have accrued decades ago.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S TECH SHARP ENGINEERS PVT. LTD. — Appellant Vs. SANGHVI MOVERS LIMITED — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. )…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw