Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: I B C

I B C

IBC, 2016 – Applicability of Section 18 of the Limitation Act, 1963 – While applying Section 18 of the Limitation Act, even went to the extent of holding that an entry in the balance sheet of the company could also be treated as an acknowledgment in writing, subject however to any caveat found in the accompanying reports – Appeal allowed.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SVG FASHIONS PRIVATE LIMTED (EARLIER KNOWN AS SVG FASHIONS LIMTED — Appellant Vs. RITU MURLI MANOHAR GOYAL AND ANOTHER — Respondent ( Before :…

I B C

HELD instead of relegating the original applicants to approach the NCLT/Adjudicating Authority by moving an application under Section 12A of the IBC – This is a fit case to exercise powers under Article 142 of the Constitution of India as the settlement arrived at between the home buyers and the appellant and corporate debtor –company shall be in the larger interest of the home buyers

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMIT KATYAL — Appellant Vs. MEERA AHUJA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

I B C

Amazon vs Reliance – Resumption of NCLT Proceedings – Single Judge of the Delhi High Court, to consider all the contentions raised by both the parties in this regard and pass appropriate order as to continuation of the NCLT proceedings beyond the stage mentioned at serial no. 8 and other regulatory approvals expeditiously, uninfluenced by any observations made herein.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH FUTURE COUPONS PRIVATE LIMITED AND OTHERS — Appellant Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC AND OTHERS — Respondent ( Before : N.V. Ramana, CJI,…

I B C

IBC – Word “such creditor” in Section 29A(h) has to be interpreted to mean similarly placed creditors after the application for insolvency application is admitted by the adjudicating authority. As a result, what is required to earn a disqualification under the said provision is a mere existence of a personal guarantee that stands invoked by a single creditor, notwithstanding the application being filed by any other creditor seeking initiation of insolvency resolution process.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND ANOTHER — Appellant Vs. MBL INFRASTRUCTURES LIMITED AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh,…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 30(2) and 61(3) – Dominant purpose of the IBC is revival of the Corporate Debtor and making it an on­going concern – ‘commercial wisdom’ of the CoC has been given paramount status without any judicial intervention, for ensuring completion of the processes within the timelines prescribed by the IBC –

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NGAITLANG DHAR — Appellant Vs. PANNA PRAGATI INFRASTRUCTURE PRIVATE LIMITED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

I B C

Dominant purpose of the IBC is revival of the Corporate Debtor and making it an on­going concern – Opinion expressed by the CoC after due deliberations in the meetings through voting, as per voting shares, is the collective business decision and that the decision of the CoC’s ‘commercial wisdom’ is non­ justiciable, except on limited grounds as are available for challenge under Section 30(2) or Section 61(3) of the IBC – Under Section 61(3)(ii) of the IBC, an appeal would be tenable if there has been material irregularity in exercise of the powers by the RP during the corporate insolvency resolution period – Scope of the words ‘material irregularity’, as are found in Section 115 of the Code of Civil Procedure, 1908

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NGAITLANG DHAR — Appellant Vs. PANNA PRAGATI INFRASTRUCTURE PRIVATE LIMITED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 7 – Insolvency Resolution – A requirement only needs to be assessed at the threshold while admitting the petition. Hence, if subsequent to the admission, withdrawal applications are preferred and the 10 per cent threshold is reduced, it shall not affect the maintainability of the original petition.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH E S KRISHNAMURTHY AND OTHERS — Appellant Vs. M/S BHARATH HI TECH BUILDERS PRIVATE LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw