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Supreme Court of India

Fresh application u/s. 11(6) of Arbitration and Conciliation Act not maintainable as no liberty granted at the time of withdrawal of first application

November 20, 2024 1146 Views 0 comment Print

Supreme Court held that fresh application under section 11(6) of the Arbitration and Conciliation Act, 1996 is not maintainable in the absence of any liberty being granted at the time of withdrawal of the first application.

Corporate debtor to be taken in liquidation due to non-implementation of resolution plan even after lapse of 5 years

November 20, 2024 942 Views 0 comment Print

Supreme Court held that jurisdiction under Article 142 of the Constitution of India invoked due to non-implementation of approved resolution plan even after five years of the approval. Accordingly, it is directed that the corporate debtor be taken in liquidation.

Officers of DRI entrusted to issue notice for recovery of duty u/s. 28 of Customs Act: Supreme Court

November 20, 2024 1278 Views 0 comment Print

Supreme Court held that officers of DRI are entrusted with the functions of proper officer and thus has jurisdiction to issue show cause notices for recovery of duty under section 28 of the Customs Act, 1962.

Scope of inquiry u/s. 11 of Arbitration and Conciliation Act is limited: Supreme Court

November 20, 2024 741 Views 0 comment Print

Supreme Court held that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. Thus, appeal allowed due to existence of arbitration agreement.

Financial decision by Committee of Creditors while evaluating resolution plan will prevail: Supreme Court

November 14, 2024 633 Views 0 comment Print

Supreme Court held that the financial decisions as have been taken by Committee of Creditors, especially with regard to viability or otherwise, while evaluating the resolution plan would prevail.

SC laid down legal framework for withdrawal and settlement of claims in CIRP while adjudging Byju’s matters

November 8, 2024 1068 Views 0 comment Print

Supreme Court while adjudicating matters emphasized the need to follow the legal framework laid down by statutory provisions for the withdrawal of petitions and settlement of claims in a Corporate Insolvency Resolution Process (CIRP).

SC on liability of banker for allowing operation of locker restrained by Income Tax Department

November 4, 2024 10056 Views 0 comment Print

Supreme Court clears HDFC Bank officials of liability for allowing locker operation, quashes FIR due to lack of fraudulent intent and mens rea.

Royalty on Advertisement Hoardings cannot be equated with imposition of Tax

November 3, 2024 1641 Views 0 comment Print

Supreme Court rules that royalty on advertisement hoardings by Patna Municipal Corporation cannot be equated with a tax. Case clarifies royalty vs. tax distinction.

Aadhar Not conclusive proof of individual’s date of birth: SC

November 1, 2024 4158 Views 0 comment Print

Supreme Court clarifies that while Aadhar can establish identity, it is not definitive proof of date of birth in Saroj & Ors. Vs IFFCO-TOKIO case.

Onus of Proving Employment Nature Lies with Claimant as ‘Workman’: SC

November 1, 2024 1173 Views 0 comment Print

Supreme Court clarifies onus of proving workman status under I.D. Act in Lenin Kumar Ray Vs Express Publications case, impacting employee rights.

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