Supreme Court of India Judgements

47060 Judgements hosted as on 01/02/2026 - Search (FREE), Subscribe, Read & Download

Category: I B C

I B C

Insolvency and Bankruptcy Code, 2016 – Section 12A – Withdrawal of application admitted under section 7, 9 or 10 – Adjudicating Authority is entitled to withdraw the application admitted under Section 7 or Section 9 or Section 10, on an application made by the applicant with the approval of 90% voting share of the CoC.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH K.N. RAJAKUMAR — Appellant Vs. V. NAGARAJAN AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai and B.V. Nagarathna, JJ.…

I B C

As per Section 61(2) of the IB Code, the appeal was required to be preferred within a period of thirty days – Therefore, the limitation period prescribed to prefer an appeal was 30 days. However, as per the proviso to Section 61(2) of the Code, the Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing the appeal, but such period shall not exceed 15 days. Therefore, the Appellate Tribunal has no jurisdiction at all to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61(2) of the IB Code.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL SPOT EXCHANGE LIMITED — Appellant Vs. MR. ANIL KOHLI, RESOLUTION PROFESSIONAL FOR DUNAR FOODS LIMITED — Respondent ( Before : M.R. Shah and…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 31(1) and 60(5) – Submitted Resolution Plan – Modification or withdrawal of – Existing insolvency framework in India provides no scope for effecting further modifications or withdrawals of CoC-approved Resolution Plans, at the behest of the successful Resolution Applicant, once the plan has been submitted to the Adjudicating Authority.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EBIX SINGAPORE PRIVATE LIMITED — Appellant Vs. COMMITTEE OF CREDITORS OF EDUCOMP SOLUTIONS LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…

I B C

IBC – Dispute Section 9 – It is important to separate the grain from the chaff – so long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has no other option but to reject the application – the Court is not required to be satisfied as to whether the defence is likely to succeed or not – Court also cannot go into the merits of the dispute

Aug 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAY BOUVET ENGINEERING LIMITED — Appellant Vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

I B C

IBC – There is no residual equity based jurisdiction in the Adjudicating Authority or the Appellate Authority while dealing with the resolution plan approved by the Committee of Creditors. These authorities can not enter into the commercial wisdom underlying the approval granted by the CoC to the resolution plan.

Aug 10, 2021 sclaw

There is no residual equity based jurisdiction in the Adjudicating Authority or the Appellate Authority while dealing with the resolution plan approved by the Committee of Creditors. These authorities can…

I B C

IBC – Initiation of the Corporate Insolvency Resolution Process by a Financial Creditor under Section 7 of the IBC is the occurrence of a default by the Corporate Debtor – Definition of ‘Financial Debt’ in Section 5(8) of IBC does not expressly exclude an interest free loan – ‘Financial Debt’ would have to be construed to include interest free loans advanced to finance the business operations of a corporate body

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ORATOR MARKETING PRIVATE LIMITED — Appellant Vs. M/S SAMTEX DESINZ PRIVATE LIMITED — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ.…

I B C

A judgment and/or decree for money in favour of the Financial Creditor, passed by the DRT, or any other Tribunal or Court, or the issuance of a Certificate of Recovery in favour of the Financial Creditor, would give rise to a fresh cause of action for the Financial Creditor, to initiate proceedings under Section 7 of the IBC

Aug 6, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DENA BANK (NOW BANK OF BARODA) — Appellant Vs. C. SHIVAKUMAR REDDY AND ANR. — Respondent ( Before : Indira Banerjee and V. Ramasubramanian,…

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.…

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 29A(4) — Application for extension of time to make arbitral award — Where an arbitral tribunal is constituted by the High Court under Section 11(6), any application for extension of time under Section 29A(4) would lie with the High Court. Where an arbitral tribunal is constituted by the parties themselves under Section 11(2), the application under Section 29A(4) would lie before the Principal Civil Court of original jurisdiction in a district, which also includes the High Court in its ordinary original jurisdiction.

Feb 1, 2026 sclaw
Advocates Act Corporate

Advocates Act, 1961 — Section 38 — Appeal against Bar Council of India judgment — Professional misconduct — Failure to act with reasonable diligence and absence from Court hearing leading to dismissal of quashing petition — High Court ordered quashing of FIR subject to deposit of costs — Costs not deposited in time, FIR quashing order recalled and petition dismissed — Application to recall dismissal order allowed, quashing restored subject to enhanced costs — Compromise reached between advocate and complainant, misunderstanding about costs resolved — High Court waived enhanced costs — FIR quashed — Complainant filed affidavit withdrawing complaint due to misunderstanding about costs and expressing satisfaction with advocate’s services — Disciplinary Committee of Bar Council of India held advocate guilty of professional misconduct despite withdrawal affidavit — Supreme Court held that disciplinary committee ignored vital aspect of withdrawal affidavit and satisfaction of complainant — Substratum of complaint ceased to exist once dispute was resolved and withdrawn — Finding of professional misconduct unsustainable.

Feb 1, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 114A, Rules 17, 27, 28 of West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 — Competency of Gram Panchayat to grant building permission — Not competent if area governed by Act of 1979 and development plan exists — Panchayat Samiti is the competent authority.

Feb 1, 2026 sclaw
Service

University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 — Clause 3(c) defining “Caste-based Discrimination” — Incorporation argued as restrictive and exclusionary — Claim that it renders individuals from non-reserved/general classes remediless against caste-based discrimination or institutional bias — Allegation that regulations proceed on unfounded presumption that caste-based discrimination only affects reserved categories.

Feb 1, 2026 sclaw