Date of the Judgment: 26 March 2021 Citation: (2021) INSC 187 Judges: S.A. Bobde (Chief Justice of India), A.S. Bopanna J., V. Ramasubramanian J. Can a company’s board remove its chairman for loss of confidence? The Supreme Court of India recently addressed this question in a high-profile dispute involving Tata Sons and Cyrus Mistry. This […]
Supreme Court Upholds Liquidation Order After Failed Resolution Plan Implementation LEGAL ISSUE: Whether a resolution plan can be reversed to liquidation due to the failure of the resolution applicant to implement the plan despite multiple opportunities. CASE TYPE: Insolvency Law Case Name: Kridhan Infrastructure Pvt Ltd (Now known as Krish Steel and Trading Pvt Ltd)
Supreme Court scrutinizes share transactions in Fortis Healthcare case: Daiichi Sankyo vs. Oscar Investments (2021) LEGAL ISSUE: Whether the transfer of shares of Fortis Healthcare Limited (FHL) by Fortis Healthcare Holding Private Limited (FHHPL) was in violation of court orders and undertakings. CASE TYPE: Contempt of Court, Corporate Law Case Name: M/s. Daiichi Sankyo Company
Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (2019) LEGAL ISSUE: Whether a mortgagee of leasehold rights can claim superior rights over the lessor when the lease has been validly terminated due to the lessee’s breach of lease conditions. CASE
Supreme Court quashes charges against Managing Director in Hyatt Regency Negligence Case Date of the Judgment: 23 August 2019 Citation: 2019 INSC 852 Judges: Abhay Manohar Sapre, J., R. Subhash Reddy, J. Can a Managing Director be held criminally liable for negligence at a hotel, simply by virtue of their position? The Supreme Court of
Supreme Court Invalidates Compulsory Amalgamation under Section 396 of the Companies Act: 63 Moons Technologies Ltd. vs. Union of India (2019) INSC 441 LEGAL ISSUE: Whether a compulsory amalgamation order under Section 396 of the Companies Act, 1956, is valid when it does not adequately compensate the transferor company and its shareholders, and when the
Supreme Court Clarifies Refund Terms for Super Bazar Revival Bidder: Writers and Publishers Pvt Ltd vs. A K Mishra (2018) LEGAL ISSUE: Interpretation of refund terms in a court-monitored revival process. CASE TYPE: Corporate Insolvency/Revival. Case Name: M/S Writers and Publisher Pvt Ltd vs. A K Mishra, Official Liquidator, The Cooperative Stores Ltd. Super Bazar.
Withdrawal of Appeals in Hotel & Restaurant Association Case: Supreme Court Order (2018) Date of the Judgment: 19 April 2018 Citation: Not Available Judges: Kurian Joseph, J., Mohan M. Shantanagoudar, J., Navin Sinha, J. The Supreme Court of India recently addressed a procedural matter regarding the withdrawal of appeals. This case, involving the Federation of
