Supreme Court Partially Allows Appeal in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) LEGAL ISSUE: Whether the High Court was justified in restraining the alienation of properties of a third party in a winding-up petition of another company. CASE TYPE: Corporate Law, Insolvency, Real Estate Case Name: Developer Group India […]
Supreme Court Clarifies Rectification Jurisdiction under Section 59 of Companies Act, 2013 Date of the Judgment: January 4, 2023 Citation: (2023) INSC 12 Judges: A.S. Bopanna, J. and Pamidighantam Sri Narasimha, J. Can a company approach the National Company Law Tribunal (NCLT) to rectify its register of members for violations of SEBI regulations? The Supreme
Supreme Court clarifies the scope of Section 59 of the Companies Act, 2013 in share transfer disputes: IFB Agro vs. SICGIL India (2023) Date of the Judgment: January 4, 2023 Citation: 2023 INSC 9 Judges: A.S. Bopanna, J., Pamidighantam Sri Narasimha, J. Can the National Company Law Tribunal (NCLT) use its power to rectify the
Supreme Court Upholds Investigation Powers of SFIO Under Companies Act Can the Serious Fraud Investigation Office (SFIO) continue an investigation even after the initially stipulated time has passed? The Supreme Court of India recently addressed this crucial question regarding the powers of the SFIO under the Companies Act, 2013. The Court’s decision clarifies the scope
Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) LEGAL ISSUE: Whether a summoning order and notice for an offence under Section 138 of the Negotiable Instruments Act, 1881 can be quashed based on factual defenses at a pre-trial stage. CASE TYPE: Criminal (Cheque Dishonour) Case Name: Rathish Babu Unnikrishnan
Supreme Court Clarifies CIRP Costs and Workmen’s Dues in Insolvency: Sunil Kumar Jain vs. Sundaresh Bhatt (2022) LEGAL ISSUE: Determination of what constitutes “Insolvency Resolution Process Costs” (CIRP costs) and the priority of workmen’s dues during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Sunil Kumar Jain and others vs. Sundaresh
Supreme Court Upholds Company Law Board Order in Family Dispute over Biological E. Ltd. Date of the Judgment: 06 April 2022 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Hon’ble Mr. Justice Vineet Saran and Hon’ble Mr. Justice J.K. Maheshwari. This was a unanimous decision. Can a family
Supreme Court Allows NCLT Proceedings to Continue in Future Coupons vs. Amazon Dispute (15 February 2022) Date of the Judgment: 15 February 2022 Citation: [Not Available in Source] Judges: N.V. Ramana (Chief Justice of India), A.S. Bopanna (Justice), Hima Kohli (Justice). The Supreme Court addressed the question of whether to allow the National Company Law
Supreme Court Clarifies Statutory Bail Under Section 167 CrPC: SFIO vs. Rahul Modi (2022) LEGAL ISSUE: Whether an accused is entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) if the court has not taken cognizance of the complaint before the expiry of the statutory period (60 or 90
Supreme Court Clarifies Operational Creditor Definition under IBC: Consolidated Construction Consortium Ltd. vs. Hitro Energy Solutions Pvt. Ltd. (2022) LEGAL ISSUE: Whether a party that receives goods or services can be considered an operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: M/s Consolidated Construction Consortium Limited vs.
Supreme Court Clarifies Limitation for IBC Appeals: Nagarajan vs. SKS Ispat (2021) LEGAL ISSUE: Determining the limitation period for appeals under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: V Nagarajan vs. SKS Ispat and Power Ltd. & Ors. [Judgment Date]: 22 October 2021 Introduction Date of the Judgment: 22
Supreme Court Upholds Withdrawal of CIRP, Prioritizing Corporate Revival: K.N. Rajakumar vs. V. Nagarajan (2021) LEGAL ISSUE: Whether the Committee of Creditors (CoC) should be reconstituted based on updated claims before allowing the withdrawal of the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: K.N. Rajakumar vs. V. Nagarajan & Ors. Judgment
