Category: Digest Of Supreme Court Cases - Re Legal

Civil Procedure Code, 1908 — Or. 23 R. 3-A and Or. 7 R. 11(d) — Applicability of Bar under Or. 23 R. 3-A on suit seeking to set aside compromise/consent decree on ground that compromise on which decree is based was not lawful —:

An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated, is to approach the same court, which had passed the compromise/consent decree, which the plaintiff in present case had already done by filing an appropriate […]

Civil Procedure Code, 1908 — Or. 23 R. 3-A and Or. 7 R. 11(d) — Applicability of Bar under Or. 23 R. 3-A on suit seeking to set aside compromise/consent decree on ground that compromise on which decree is based was not lawful —: Read More »

Contract and Specific Relief Act- Specific Relief Act, 1963 — S. 19(b): Suit for specific performance against whom not enforceable:

Specific performance, held, cannot be enforced against such purchaser or their transferees as they would fall within exception of transferee for value who had paid money in good faith and without notice of original contract. (Para 25) [Seethakathi Trust Madras v. Krishnaveni, (2022) 3 SCC 150]

Contract and Specific Relief Act- Specific Relief Act, 1963 — S. 19(b): Suit for specific performance against whom not enforceable: Read More »

Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 61:

Non-supply of free copy of impugned order does not affect, and thus, shall not extend the limitation period for filing an appeal under S. 61 IBC. Scheme laid down in S. 421(3) of the Companies Act and S. 61(2) IBC, distinguished, Limitation period prescribed under Special Act, as in the present case IBC having an

Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 61: Read More »

Insolvency and Bankruptcy Code, 2016 — S. 60(5):

Grant of stay/injunction under provisions of IBC against termination of contract entered into with corporate debtor is not permissible, when: (i) The contract is terminated dehors insolvency proceedings under IBC i.e. there exists no nexus between the termination notice and insolvency resolution proceedings, and (ii) Criteria laid down in Gujarat Urja, (2021) 7 SCC 209

Insolvency and Bankruptcy Code, 2016 — S. 60(5): Read More »

Insolvency and Bankruptcy Laws — Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 — Regn. 34 — IBBI’s Circular dt. 12-6-2018:

Recording of reasons for fixation/determination of IRP/RP’s fee is necessary. Ad hoc determination of fee/non-consideration of basis of the claim or its reasonableness is not permissible. Held, setting aside of orders of NCLAT and NCLT. [Devarajan Raman v. Bank of India Ltd., (2022) 3 SCC 254]

Insolvency and Bankruptcy Laws — Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 — Regn. 34 — IBBI’s Circular dt. 12-6-2018: Read More »

Insolvency and Bankruptcy Code, 2016 — S. 7,12 and 30:

Held, the approved resolution plan has to be implemented at the earliest and that is the mandate under IBC. [Committee of creditors of Amtek Auto Limited v. Dinkar T. Vankatsubramanian and others, (2022) 4 SCC 754]

Insolvency and Bankruptcy Code, 2016 — S. 7,12 and 30: Read More »

Income Tax Act, 1961 — S. 9(1)(vi) r/w S. 90

Amounts paid by resident Indian end-users/distributors to non-resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software, not royalty, hence, not taxable in India. The end user does not get any of the rights that the owner continues to retain under Section 14(b) of the Copyrights Act read with sub sections (a)(i)-(vii)

Income Tax Act, 1961 — S. 9(1)(vi) r/w S. 90 Read More »

Insolvency and Bankruptcy Code, 2016 — Ss. 30, 31 and 62 — Modification/Amendment of resolution plan:

In this case, appellant’s proposal for modification/amendment of the resolution plan was declined by the resolution professional and thereupon, the appellant approached the adjudicating authority by filing an IA. Adjudicating authority passed the order dt. 13-12-2021 granting the prayer of the appellant but, at the same time, correspondingly allowed the other resolution applicant to place

Insolvency and Bankruptcy Code, 2016 — Ss. 30, 31 and 62 — Modification/Amendment of resolution plan: Read More »

Penal Code, 1860 — Ss. 302, 498-A and 201 r/w S. 34

In this case, demands for dowry and dowry-related harassment of bride by husband and in-laws culminated in her murder. She done to death by strangulation in her matrimonial home and thereafter attempt made to camouflage her death as one which arose out of burn injuries. Medical evidence is quite clear that deceased was strangulated first

Penal Code, 1860 — Ss. 302, 498-A and 201 r/w S. 34 Read More »

Insolvency and Bankruptcy Code, 2016 — S. 31(1) r/w Ss. 13 and 15:

Claims of Government/Revenue against corporate debtor which are not lodged before resolution professional, after issuance of public notices under Ss. 13 and 15, and not forming part of approved resolution plan, as such, on the date on which the resolution plan was approved by the NCLT, all claims stood frozen, and no claim, which is

Insolvency and Bankruptcy Code, 2016 — S. 31(1) r/w Ss. 13 and 15: Read More »

Re Legal
LAW OFFICE

Re Legal
LAW OFFICE

Digest Of Supreme Court Cases

Civil Procedure Code, 1908 — Or. 23 R. 3-A and Or. 7 R. 11(d) — Applicability of Bar under Or. 23 R. 3-A on suit seeking to set aside compromise/consent decree on ground that compromise on which decree is based was not lawful —:

Contract and Specific Relief Act- Specific Relief Act, 1963 — S. 19(b): Suit for specific performance against whom not enforceable:

Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 61:

Insolvency and Bankruptcy Code, 2016 — S. 60(5):

Insolvency and Bankruptcy Laws — Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 — Regn. 34 — IBBI’s Circular dt. 12-6-2018:

Insolvency and Bankruptcy Code, 2016 — S. 7,12 and 30:

Income Tax Act, 1961 — S. 9(1)(vi) r/w S. 90

Insolvency and Bankruptcy Code, 2016 — Ss. 30, 31 and 62 — Modification/Amendment of resolution plan:

Penal Code, 1860 — Ss. 302, 498-A and 201 r/w S. 34

Insolvency and Bankruptcy Code, 2016 — S. 31(1) r/w Ss. 13 and 15:

Sign up for our newsletters

Re Legal LAW OFFICE

Re Legal LAW OFFICE

Digest Of Supreme Court Cases

Sign up for our newsletters

Re Legal
LAW OFFICE

Re Legal
LAW OFFICE