Supreme Court in National Insurance Company Ltd. vs. M/s. Hareshwar Enterprises (P) Ltd. & Ors. held that In settlement of insurance claims the surveyors report is not final and conclusive.
The provisions of Section 18 of the Limitation Act are not alien to and are applicable to proceedings under the IBC
Coverage of ‘Flood & Inundation’ insurance includes damage caused by heavy rains and not just overflowing of river.
It is brought to the notice of this Court that Aadhar Cards are not being issued to sex workers as they were unable to produce proof of their residence. We had issued notice to UIDAI and sought its suggestions in respect of waiving the requirement of proof of residence for the sex workers, to enable them to get an identity by the issuance of Aadhar cards.
Kotak Mahindra Bank Limited Vs A. Balakrishnan (Supreme Court) Facts- The present appeal challenges the judgment and order passed by NCLAT, thereby allowing the appeal filed by the respondent no. 1 – Director and reversing the order passed by NCLT, whereby the application filed by the appellant under Section 7 of the Insolvency and Bankruptcy Code, 2016 was […]
SC held that Parties cannot rely upon the definitions of ‘terrorism’ in penal statutes since the Exclusion Clause contains an exhaustive definition.
SC held that when 90% or more of the creditors decide that it will be in the interest of all the stake¬holders to permit Settlement Plan filed by promoter of the Corporate Debtor and withdraw Corporate Insolvency Resolution Process as per Section 12A of IBC, 2016, NCLT or NCLAT cannot sit in appeal over such commercial wisdom of Committee of Creditors.
Safire Technologies Pvt. Ltd Vs Regional Provident Fund Commissioner (Supreme Court) An appeal against the order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by the NCLT. The Appellate Tribunal has the power to extend the period of limitation by another 15 days. […]
M. Ravindran Vs Intelligence Officer (Supreme Court of India) Can Default Bail be denied on filing of additional complaint subsequent to filing of Bail Application? In common legal parlance, the right to bail under the Proviso to Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) is commonly referred to as ‘default bail’ or […]
CIT LTU Vs Nuclear Power Corporation of India Ltd. (Supreme Court ) We have some reservations on the observation made in the impugned judgment that the Commissioner, while exercising the power of revision under Section 263 of the Income Tax Act, 1961, cannot examine an issue on merits. However, we are not inclined to issue […]
