Search Results for "Debt"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "Debt"

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Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

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 Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

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 Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

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