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Supreme Court

Supreme Court Allows Appeal Against High Court Order Unfreezing Bank Account in Insolvency Fraud Case. High Court's Interim Relief Quashed as It Overlooked Prima Facie Violation of Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016, and NCLT Directions Regarding Unauthorized Transactions During Corporate Insolvency Resolution Process.

22 Apr 2021

The appeal arose from an order of the High Court of Guwahati dated 04.02.2021, which allowed an interlocutory application by Respondent No.1, JSVM Ply...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Dismisses Appeal in Company Winding Up Petition Under Companies Act, 1956 Due to Lack of Bona Fide Dispute. Concurrent Findings Upheld as Appellant's Defence Was Vague and Non-Specific in Reply to Statutory Notice Under Sections 433(e) and 434.

6 Apr 2021

The dispute arose from a transaction where the respondent, a manufacturer of acrylic yarn, supplied material on credit to the appellant. The appellant...

Supreme Court

Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

24 Nov 2020

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

Supreme Court

Supreme Court Disposes of PIL Challenging Interest Accrual During COVID-19 Moratorium After Government Announces Relief Measures. Petitioner expressed satisfaction with government's decision to waive interest on specified loan categories up to Rs.2 Crores.

19 Nov 2020

The petitioner, Gajendra Sharma, filed a writ petition under Article 32 of the Constitution challenging the Reserve Bank of India's notification dated...

Supreme Court

Supreme Court Upholds NCDRC Order on Medical Negligence Compensation but Leaves Jurisdictional Issue Open. The Court affirmed the award against Safdarjung Hospital due to the small compensation amount and lack of factual challenge, while clarifying that the question of jurisdiction under Section 2(1)(o) of the Consumer Protection Act, 1986, remains undecided for future cases.

23 Jul 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 7 October 2016, which held Safdarjung Hospital lia...

Supreme Court

Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

6 Jul 2020

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Dispute Over Insurance Deficiency — Bank Not Liable for Failure to Insure Hypothecated Assets Where Contract Imposed Primary Obligation on Borrower. The Court held that the bank's liberty to insure did not create a duty, and the borrower's indemnity clause shielded the bank from liability for uncovered losses.

20 May 2020

The appellant, Canara Bank, had extended credit facilities to the respondent, Leatheroid Plastics Pvt. Ltd., since 1980. On 4th January 2001, the bank...

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