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Supreme Court

Supreme Court Dismisses Revenue's Appeal in Income Tax Act Case Upholding Revisional Jurisdiction. Commissioner Validly Set Aside Assessment Order as Payment to Shareholders Was Not 'Cost of Improvement' Under Capital Gains Computation Under Sections 48 and 263 of Income Tax Act, 1961.

6 Apr 2023

The dispute arose from an income tax assessment concerning the sale of a property named 'Paville House' by the respondent assessee, a company engaged ...

Supreme Court

Supreme Court Clarifies Sentencing Powers of Constitutional Courts in Modified Life Sentences - Constitutional Courts Can Impose Fixed-Term Sentences Without Death Penalty Commutation. Power to impose modified punishment including fixed-term incarceration or life imprisonment without remission is derived from Indian Penal Code, 1860, and can be exercised by High Courts and Supreme Court based on offence gravity and relevant factors, not limited to death penalty commutation cases.

28 Mar 2023

The Supreme Court addressed an appeal concerning the sentence for an offence under Section 302 of the Indian Penal Code, 1860, where the appellant had...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Dismisses Appeals in Corporate Insolvency Case Involving Land Ownership and Development Rights Dispute. Court Upholds NCLAT Order Protecting Licensee's Possession of 10000 Sq.Ft. While Preserving Corporate Debtor's Development Rights as Intangible Assets Under Insolvency and Bankruptcy Code, 2016.

14 Mar 2023

The appeals arose from a common order of the National Company Law Appellate Tribunal dismissing two independent appeals filed against an order of the ...

Supreme Court

Supreme Court Allows SEBI Appeal on Interpretation of Buyback Regulations and Remits Matter to Tribunal. The Court held that the Securities Appellate Tribunal erroneously interpreted Regulation 19(3) of SEBI (Buyback of Securities) Regulations, 1998 by limiting the compliance officer's role to investor grievance redressal, ignoring the duty to ensure regulatory compliance.

8 Feb 2023

The appeal arose from a judgment of the Securities Appellate Tribunal dated 1 November 2022, which had set aside an order of the Whole Time Member of ...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act Case Due to Lack of Locus Standi and Defunct Company Status. Appellant Failed to Establish Directorship or Aggrieved Person Status Under Section 560(5) of Companies Act, 1956, with Company Deemed Defunct Under Section 3 After Striking Off in 2006.

29 Sep 2022

The appeal arose from a dispute over the striking off of Basanti Cotton Mills (1998) Private Limited's name from the register of the Registrar of Comp...

Supreme Court

Supreme Court Allows Section 7 IBC Application by State Bank of India Against Krishidhan Seeds Private Limited — Limitation Extended by Acknowledgment in Balance Sheet Under Section 18 of Limitation Act, 1963. The Court set aside NCLT and NCLAT orders that had rejected the application as time-barred, holding that acknowledgments of debt, including in balance sheets, can extend limitation under Section 18 of the Limitation Act, 1963.

18 Apr 2022

The Supreme Court allowed an appeal by the State Bank of India (SBI) against the rejection of its application under Section 7 of the Insolvency and Ba...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Appellate Tribunal's Failure to Consider Evidence on Limitation. Matter Remanded to NCLAT for Fresh Consideration of Acknowledgment Under Section 18 of Limitation Act, 1963 in Context of Section 9 Insolvency and Bankruptcy Code, 2016 Application.

29 Mar 2022

The dispute arose from an operational creditor's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against a corporate debtor fo...

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