Companies Act, 2013

Supreme Court Clarifies Capital Loss on Share Reduction: Jupiter Capital Case (2025)

/ Capital Gains, Companies Act, 2013, Companies Act, 2013 with Section 66, Income Tax Act, 1961, Income Tax Act, 1961 with Section 2(47), Income Tax Act, 1961 with Section 45, J.B. Pardiwala, Judges, R. Mahadevan

Date of the Judgment: January 2, 2025 Citation: 2025 INSC 38 Judges: Justice J.B. Pardiwala and Justice R. Mahadevan Can a reduction in share capital lead to a capital loss for tax purposes? The Supreme Court of India recently addressed this question in a case involving Jupiter Capital Pvt. Ltd. The court clarified that a […]

Supreme Court Clarifies Capital Loss on Share Reduction: Jupiter Capital Case (2025) Read Post »

Supreme Court Upholds CIRP Admission Based on Debt Acknowledgment: Vidyasagar Prasad vs. UCO Bank (22 October 2024)

/ Companies Act, 2013, Companies Act, 2013 with Section 129, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Limitation Act, 1963, Limitation Act, 1963 with Section 18

Supreme Court Upholds CIRP Admission Based on Debt Acknowledgment: Vidyasagar Prasad vs. UCO Bank (2024) LEGAL ISSUE: Whether acknowledgment of debt in balance sheets and One Time Settlement (OTS) proposals can extend the limitation period for initiating Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Vidyasagar Prasad vs. UCO Bank & Anr.

Supreme Court Upholds CIRP Admission Based on Debt Acknowledgment: Vidyasagar Prasad vs. UCO Bank (22 October 2024) Read Post »

Supreme Court overturns NCLAT decision on share transfer: Chalasani Udaya Shankar vs. Lexus Technologies (2024)

/ Companies Act, 2013, Companies Act, 2013 with Section 59, Companies Act, 2013 with Section 88, Company Law, Rectification of Register, Share Transfer Disputes

Supreme Court overturns NCLAT decision on share transfer: Chalasani Udaya Shankar vs. Lexus Technologies (2024) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) can summarily dismiss a petition for rectification of a company’s register of members without proper examination of evidence. CASE TYPE: Company Law Case Name: Chalasani Udaya Shankar and others vs. M/s.

Supreme Court overturns NCLAT decision on share transfer: Chalasani Udaya Shankar vs. Lexus Technologies (2024) Read Post »

Supreme Court settles jurisdiction for offences under Insolvency and Bankruptcy Code: Insolvency and Bankruptcy Board of India vs. Satyanarayan Bankatlal Malu & Ors. (2024) INSC 319 (19 April 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 190, Code of Criminal Procedure, 1973 with Section 193, Companies Act, 2013, Companies Act, 2013 with Section 435, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 236, Special Courts

Supreme Court Clarifies Jurisdiction for Offences under the Insolvency and Bankruptcy Code Date of the Judgment: 19 April 2024 Citation: (2024) INSC 319 Judges: B.R. Gavai, J. and Sandeep Mehta, J. Can the amendments to the Companies Act, 2013, impact the jurisdiction of courts trying offences under the Insolvency and Bankruptcy Code, 2016? The Supreme

Supreme Court settles jurisdiction for offences under Insolvency and Bankruptcy Code: Insolvency and Bankruptcy Board of India vs. Satyanarayan Bankatlal Malu & Ors. (2024) INSC 319 (19 April 2024) Read Post »

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 242, Transfer of Actionable Claims, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130, Transfer of Property Act, 1882 with Section 5

Supreme Court Clarifies Assignment vs. Security Interest in Lease Rental Agreements Date of the Judgment: 19 October 2023 Citation: (2023) INSC 929 Judges: S. Ravindra Bhat, J., Dipankar Datta, J. Can a lender claim ownership over rental income when a borrower assigns it as security for a loan? The Supreme Court of India recently addressed

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023) Read Post »

Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 164, Companies Act, 2013 with Section 166, Corporate Insolvency Resolution Process, Dinesh Maheshwari, Indian Trusts Act, 1882, Indian Trusts Act, 1882 with Section 88, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29A, Insolvency and Bankruptcy Code, 2016 with Section 30, Judges, Vikram Nath

Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) LEGAL ISSUE: Whether a resolution plan can be approved despite the resolution applicant’s ineligibility and procedural irregularities in the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: M.K. Rajagopalan vs. Dr.

Supreme Court Upholds Rejection of Resolution Plan Due to Ineligibility and Procedural Lapses: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Read Post »

Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 164, Companies Act, 2013 with Section 166, Corporate Insolvency Resolution Process, Dinesh Maheshwari, Indian Trusts Act, 1882, Indian Trusts Act, 1882 with Section 88, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 29A, Insolvency and Bankruptcy Code, 2016 with Section 30, Judges, Vikram Nath

Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Date of the Judgment: 03 May 2023 Citation: 2023 INSC 486 Judges: Justice Dinesh Maheshwari, Justice Vikram Nath. Can a resolution applicant be disqualified for a conflict of interest arising from their role in a charitable trust? The

Supreme Court Clarifies Valuation and Eligibility in Corporate Insolvency: M.K. Rajagopalan vs. Dr. Periasamy Palani Gounder (2023) Read Post »

Supreme Court Upholds Section 140(5) of Companies Act, 2013: Auditors’ Resignation Doesn’t Halt Fraud Inquiry (3 May 2023)

/ Auditor Resignation, Companies Act, 2013, Companies Act, 2013 with Section 140(5), Companies Act, 2013 with Section 447, Constitutional Law, Constitutional Law with Article 19(1)(g), Fundamental Rights, Judges, M.M. Sundresh, M.R. Shah

Supreme Court Upholds Section 140(5) of Companies Act, 2013: Auditors’ Resignation Doesn’t Halt Fraud Inquiry LEGAL ISSUE: Interpretation of Section 140(5) of the Companies Act, 2013, regarding the removal and disqualification of auditors involved in fraud. CASE TYPE: Corporate Law, Criminal Appeals, Civil Appeals Case Name: Union of India and Another vs. Deloitte Haskins and

Supreme Court Upholds Section 140(5) of Companies Act, 2013: Auditors’ Resignation Doesn’t Halt Fraud Inquiry (3 May 2023) Read Post »

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 327, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Judges, Liquidation Process, M.R. Shah, Sanjiv Khanna, Winding Up Provisions

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand

Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation (2 May 2023) Read Post »

Supreme Court Partially Allows Appeal in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023)

/ B.R. Gavai, Companies Act, 2013, Companies Act, 2013 with Section 339, Corporate Law, Judges, Liquidation, Vikram Nath, Winding Up

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 Partially Allows Appeal in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) Read Post »

Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023)

/ B.R. Gavai, Companies Act, 2013, Companies Act, 2013 with Section 339, Injunction, Judges, Property Dispute, Property Law, Vikram Nath, Winding Up

Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) LEGAL ISSUE: Whether a blanket injunction on all properties of a company is justified when the claim is for a smaller amount and the company is not directly related to the company under liquidation. CASE

Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) Read Post »

Supreme Court clarifies the scope of Section 59 of the Companies Act, 2013 in share rectification cases: IFB Agro Industries vs. SICGIL India (2023) INSC 12

/ A.S. Bopanna, Companies Act, 2013, Companies Act, 2013 with Section 59, Judges, Pamidighantam Sri Narasimha, Rectification of Register, SEBI (Prohibition of Insider Trading) Regulations, 1992, SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 1997, Securities and Exchange Board of India Act, 1992

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 rectification cases: IFB Agro Industries vs. SICGIL India (2023) INSC 12 Read Post »

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