Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts
The hierarchy of the waterfall mechanism is based on a structured mathematical formula, and that striking down any of the provisions or rearranging the hierarchy of the waterfall mechanism would lead to cascading effects : Supreme Court
The NCLT does not have any residuary jurisdiction to entertain the contractual dispute which has arisen dehors the insolvency of the Corporate Debtor : Supreme Court
In case of multiple invoices, Section 9 Petition is not to be dismissed if few invoices are not timed barred : SC
Whether Section 12A of IBC, 2016 is in conflict with Regulation 30A of IBBI Regulation?
Once the Resolution Plan stands approved, no alterations/modifications are permissible : SC
The Criminal Proceedings under Section 138 of NI Act initiated against Corporate Debtor will stand terminated after passing of the Resolution Plan : SC
The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do: SC
Whether in computation of the period of limitation in regard to an application filed under Section 9, IBC the period during which the creditor’s right to proceed against or sue that remain suspended by virtue of Section 22 (1) SICA can be excluded?
The factum of the filing of the suit cannot be taken into consideration for the purpose of deciding whether there is a pre-existing dispute under the IBC : SC
Judgments and observations in judgments are not to be read as provisions of statute : SC
The urgency to abide by the timelines for completion of the resolution process is not a reason to stifle the settlement : SC
The Provisions of IBC would prevail over Customs Act: Supreme Court
SUPREME COURT IBC QUARTERLY DIGEST APRIL - JUNE, 2022
Section 14 Limitation Act Applies To Application under Section 7 IBC & Court/Tribunal can Condone Delay under Section 5 Limitation Act Even In the Absence of A Formal Application.
Whether the date of filing of the application or the date of registration of the case is same or not?
Whether the agreement for repayment of the debt would attract Section 25(3) of the Contract Act?
After the death of the biological father, the mother may give the child the surname of her second husband : SC
Whether there was the existence of any dispute between the parties or the record of the pendency of a suit or arbitration proceedings filed before the receipt of demand notice in relation to such dispute?
Supreme Court explains the scope of interference in criminal appeal by special leave: Article 136
At the stage of examining an application for bail in the context of section 37 of the NDPS Act, the focus of the court is on the availability of reasonable ground for believing and is unlikely to commit an offense while on bail: SC
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