In a case titled Sukh Dutt Ratra vs State of Himachal Pradesh, the Supreme Court held that forcible dispossession of private property of a person without following the due process of law is violative...
The Supreme Court in Oil and Natural Gas Corporation Ltd. vs Discovery Enterprises Pvt. Ltd explained the ‘Group of Companies’ doctrine which says that an arbitration agreement entered into by a...
The Allahabad High Court in Phool Singh And Another v. State of U.P. clarified that the sentence of imprisonment of life is till the natural life of the accused which cannot be fixed in years by the...
The Supreme Court held that a liability arising out of a claim under the Recovery of Debts and Bankruptcy Act, 1993 is a "financial debt" under Section 5(8) of the Insolvency and Bankruptcy Code,...
The National Company Law Tribunal, New Delhi Bench held that the Corporate Insolvency Resolution Process ("CIRP") cannot be initiated against a Corporate Debtor solely on the basis of the unpaid...
In the case of Phoenix Arc Pvt. Ltd. v. Spade Financial Service Ltd (2021), a three-judge bench of the Supreme Court held that a collusive transaction does not result in the creation of financial...
Considering the provision of Section 65 of the IBC, it is necessary for the Adjudicating Authority if such an allegation is raised to go into the same. In case, such an objection is raised or an...
The Supreme Court held that provisions of the Limitation Act, 1963 are applicable to applications filed by financial and operational creditors under Sections 7 and 9 of the Code from the “inception...
Due to a CIRP being filed against the successful RA, the AA directed the RP to re-invite EoIs. The Appellant claimed that the CIRP procedure had already taken 1091 days and that a settlement plan...
The Hon'ble National Company Law Appellate Tribunal (NCLAT), after considering the submissions of the Ministry of Corporate Affairs (MCA) and the steps were taken by the 'Directorate of Enforcement',...
The National Company Law Appellate Tribunal has held that a secured financial creditor while opting out of the liquidation process is barred from selling secured assets to promoters or its related...
Supreme Court allows the appeal, holds that NCLT, have to consider the basis and reasonableness of claim for fee and expenses payable to Resolution Professional, and cannot pass ad hoc orders In the...
In a case titled A Pitchaiah v. The Managing Director and Ors, the Madras High Court held that disputed facts cannot be adjudicated in writ proceedings and that all alternative remedies must be...
The Apex Court has time and again reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain...
The Supreme Court in Smt. Kaithuami [L] vs Smt. Ralliani observed that inheritance depends upon the factor that whether or not the person supports the deceased in his old age. Only the person...
The Reserve Bank of India's circular was struck down by the Apex Court. The circular appears to be aimed at prohibiting the trading of virtual currencies, commonly known as cryptocurrencies. The...
The National Company Law Appellate Tribunal (‘NCLAT’) took a practical approach bordered on survival of the business and satisfying the interests of the stakeholders involved and introduced the...
The Supreme Court emphasised that mere non-disclosure of information itself can be a ground for termination from services. In Union of India vs Dillip Kumar Mallick, the respondent was a CRPF...
The Supreme Court affirmed the provisions of the Insolvency and Bankruptcy Code relating to personal guarantors' insolvency that was enacted in 2019 and empowered banks to move an application for...