Joseph Easwaran Wapshare & Ors. vs Shirley Katheleen Wheeler
SC · 26 February 2019
[2019] 2 S.C.R. 732 : 2019 INSC 277
Succession Act, 1925: ss. 372, 383, 33(a) and 25 – Revocation of Succession Certificate granted u/s. 372 in favour of appellant No.1 – Respondent filed application u/s. 383 seeking revocation of the Succession Certificat…
Bharat Heavy Electricals Ltd. vs Mahendra Prasad Jakhmola & Ors.
SC · 20 February 2019
[2019] 4 S.C.R. 504 : 2019 INSC 244
Contract Labour (Regulation and Abolition) Act, 1970: Notification dated 24.4.1990 issued under the Act, 1970 – Exemption from its applicability to BHEL – Held: BHEL, insofar as their UP operations are concerned, in Hari…
Tamil Nadu Pollution Control Board vs Sterlite Industries (I) Ltd. & Ors.
SC · 18 February 2019
[2019] 3 S.C.R. 777 : 2019 INSC 220
Environment – Air (Prevention and Control of Pollutions) Act, 1981 – ss. 21, 31, 31A and 31B – Water (Prevention and Control of Pollution) Act, 1974 – ss.18, 25, 26, 27, 28, 29, 33A and 33B – National Green Tribunal Act,…
M/s Scg Contracts India Pvt. Ltd. vs K. S. Chamankar Infrastructure Pvt. Ltd. & Ors.
SC · 12 February 2019
[2019] 3 S.C.R. 1050 : 2019 INSC 187
Code of Civil Procedure, 1908 (As amended in the wake of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 coming into force on 23-10-2015): Or. VIII, r. 1, proviso and…
Vijay Kumar Jain vs Standard Chartered Bank & Ors.
SC · 31 January 2019
[2019] 1 S.C.R. 779 : 2019 INSC 122
Insolvency and Bankruptcy Code, 2016 – ss.21, 24, 25 and 30 – Right of member of suspended Board of Directors to access certain documents particularly the resolution plans – Held: Though the erstwhile Board of Directors…
Swaraj Infrastructure Pvt. Ltd. vs Kotak Mahindra Bank Ltd.
SC · 29 January 2019
[2019] 1 S.C.R. 682 : 2019 INSC 108
Companies Act, 1956: ss. 439, 434(1)(a) and (1)(b), 441(2) and 529 – Winding up petition – By the secured creditor/respondent-Bank, after obtaining decree from Debts Recovery Tribunal and a recovery certificate based the…
Swiss Ribbons Pvt. Ltd. & Anr. vs Union of India & Ors.
SC · 25 January 2019
[2019] 3 S.C.R. 535 : 2019 INSC 95
Insolvency and Bankruptcy Code, 2016: Constitutional validity of – Held: Provisions of the Code passes constitutional muster. ss. 5(7), 5(8), 5(20), 7(1), 7(4), 7(5), 8 and 9 – Classification between financial creditor a…
Forech India Ltd. vs Edelweiss Assets Reconstruction Co. Ltd.
SC · 22 January 2019
[2019] 2 S.C.R. 477 : 2019 INSC 77
Insolvency & Bankruptcy Code, 2016 – ss.7, 9, 11, 238, 255 and The Eleventh Schedule – Proceedings u/ss.7 and 9, if independent of winding up process pending in High Court – Winding up petition filed by the appellant bef…
Jaipur Metals & Electricals Employees Organization through General Secretary Mr. Tej Ram Meena vs Jaipur Metals & Electricals Ltd. through Its Managing Director
SC · 12 December 2018
[2018] 14 S.C.R. 926 : 2018 INSC 1196
Insolvency and Bankruptcy Code, 2016 – ss.7, 238 – Respondent No.1-company became a non-performing asset – Board for Industrial and Financial Reconstruction (BIFR) was of prima facie opinion that the company ought to be…
Council of the Institute of Chartered Accountants of India vs Shri Gurvinder Singh & Anr.
SC · 16 November 2018
[2018] 14 S.C.R. 321 : 2018 INSC 1071
Chartered Accountants Act, 1949 : s.22 read with s.21, Schedule I Part IV – Other misconduct – Complaint against Chartered Accountant relating to sale of shares, transferred to the Chartered Accountant’s own name – Disci…
M/s Hindon Forge Pvt. Ltd. & Anr. vs The State of Uttar Pradesh through District Magistrate Ghaziabad & Anr.
SC · 1 November 2018
[2018] 11 S.C.R. 1019 : 2018 INSC 1034
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002: s.17(1) – Whether an application under s.17(1) of the SARFAESI Act at the instance of a borrower, is maintainable ev…
M/s. Caravel Shipping Services Pvt. Ltd. vs M/s. Premier Sea Foods Exim Pvt. Ltd.
SC · 29 October 2018
[2018] 14 S.C.R. 289 : 2018 INSC 1008
Arbitration and Conciliation Act, 1996: ss.7(3), 7(4), 8 – Bill of lading – Suit for recovery by respondent-consignor in Kochi court – Application filed by appellant, who is agent to facilitate transport under s.8 of AC…
B. K. Educational Services Private Limited vs Parag Gupta and Associates
SC · 11 October 2018
[2018] 12 S.C.R. 794 : 2018 INSC 956
Insolvency and Bankruptcy Code, 2016 – s.238A (As inserted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 w.e.f. 06.06.2018) – s.238A, if retrospective in nature – Held: s.238A being clarificatory of law…