I B C Archives - Page 8 of 9 - Supreme Court of India Judgements

October 27, 2025 6:06 pm

It is not the intent of IBC that a security interest available to a dissenting financial creditor over the assets of the corporate debtor gives him some right over and above other financial creditors so as to enforce the entire of the security interest.

Jun 14, 2021 sclaw

“It has not been the intent of the legislature that a security interest available to a dissenting financial creditor over the assets of the corporate debtor gives him some right…

I B C

IBC – Approval of a resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee – Release or discharge of a principal borrower from the debt owed by it to its creditor, by an involuntary process, i.e. by operation of law, or due to liquidation or insolvency proceeding, does not absolve the surety/guarantor of his or her liability, which arises out of an independent contract.

Jun 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LALIT KUMAR JAIN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent(S) ( Before : L. Nageswara Rao and S. Ravindra Bhat, JJ.…

I B C

Supreme Court upheld the provisions of Insolvency and Bankruptcy Code, 2016 which applies to personal guarantors of corporate debtors.

May 21, 2021 sclaw

The bench dismissed the petition challenging notification dated 15.11.2019 and the Insolvency and Bankruptcy(Application to Adjudicating Authority for Insolvency Resolution Process of Personal Guarantors to Corporate Debtors) Rules, 2019. The Writ Petitioners…

I B C

IBC, 2016 – Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratorium,

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KHAITAN, RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LIMITED — Appellant Vs. JSVM PLYWOOD INDUSTRIES LIMITED AND ANOTHER — Respondent ( Before : Uday…

I B C

IBC, 2016 – Once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY — Appellant Vs. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR AND OTHERS —…

I B C

Insolvency Process – Payment of debt – Proceedings under Section 7 of the Code can be initiated against a corporate person in respect of guarantee to the loan amount secured by person not being a corporate person, in case of default in payment of such a debt.

Mar 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH LAXMI PAT SURANA — Appellant Vs. UNION BANK OF INDIA AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna Murari,…

I B C

Insolvency Process – Reference to arbitration – Where the petition under Section 7 of IB Code is yet to be admitted and, in such proceedings, if an application under Section 8 of the Act, 1996 is filed, the Adjudicating Authority is duty bound to first decide the application under Section 7 of the IB Code

Mar 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH INDUS BIOTECH PRIVATE LIMITED — Appellant Vs. KOTAK INDIA VENTURE (OFFSHORE) FUND (EARLIER KNOWN AS KOTAK INDIA VENTURE LIMITED) AND OTHERS — Respondent (…

I B C

IBC – Adjudicating Authority cannot interfere on merits with the commercial decision taken by the Committee of Creditors – Limited jurisdiction in matter of approval of resolution plan – Jurisdiction of the Appellate Authority is also circumscribed by the limited grounds of appeal provided in Section 61 of the Code

Mar 28, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION AND OTHERS — Appellant Vs. NBCC (INDIA) LIMITED AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh…

I B C

Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 – Regulation 2B – Companies Act, 2013 – Section 230 – Compromise or arrangement – A person who is not eligible under the IBC to submit a resolution plan for insolvency resolution of the corporate debtor shall not be a party in any manner to such compromise or arrangement.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUN KUMAR JAGATRAMKA — Appellant Vs. JINDAL STEEL AND POWER LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

I B C

Commercial wisdom of Committee of Creditors “CoC” is not to be interfered with, excepting the limited scope as provided under Sections 30 and 31 of the I&B Code – Paramount importance given to the decision of CoC. HELD NCLAT was not correct

Mar 14, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KALPRAJ DHARAMSHI AND ANOTHER — Appellant Vs. KOTAK INVESTMENT ADVISORS LIMITED AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna…

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Transfer Of Property Act

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor.

Oct 26, 2025 sclaw

Bail Granted Cr P C

Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside

Oct 26, 2025 sclaw

Anticipatory Bail Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest.

Oct 26, 2025 sclaw

Bail Granted

Penal Code, 1860 (IPC) — Sections 394, 395, and 397 — Robbery and Attempt to Commit Robbery — Conviction and Sentencing — Appeal for suspension of sentence and bail — Appellants convicted by Trial Court for offences under Sections 394, 395, and 397 IPC. High Court confirmed conviction under Section 397 IPC and modified sentence to 8 years rigorous imprisonment, while holding no separate conviction for Sections 394 and 395 IPC.

Oct 26, 2025 sclaw

Category: I B C

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