Category: Supreme Court

Court can not sit over comparative financial attractiveness of rival offers or to substitute its own view for the decision taken by the CoC in IBC In a recent judgment, Hon’ble Supreme Court has held that it cannot be called upon to sit over the comparative financial attractiveness …

Appellate court interfering with Motor Accidents Claims Tribunal findings on assessment of disability and loss of earning capacity must undertake a thorough reappreciation of evidence In a recent judgment, Hon’ble Supreme Court while enhancing compensation for functional disability held that when an appellate court interferes with findings of …

Ratification by EoGM of the company can not give legality of the diversion of the fund raised by preferential issue. In a recent judgment, Hon’ble Supreme Court has held that ratification by EoGM of the company can not give legality of the diversion of the fund raised by …

Supreme Court allows simultaneous CIRP proceedings against principal debtor and its corporate guarantor, declines to frame any guidelines In a recent judgment, the Hon’ble Supreme Court allowed appeals against order of Adjudicating Authorities (NCLT/NCLAT) holding that simultaneous proceedings for Corporate Insolvency Resolution Process under IBC against the principal …

Orders passed under Benami Act cannot be challenged under Insolvency and Bankruptcy Code, 2016 – SC In a recent judgment, Hon’ble Supreme Court has held that orders passed under Benami Act cannot be questioned before authorities under the Insolvency and Bankruptcy Code, 2016 ABCAUS Case Law Citation:5054 (2026) …

Assesssing Officer can’t refer decision to initiate levy of Penalty u/s 271D to Superior Officer unless he himself arrives at a finding of a violation In a recent judgment Hon’ble Supreme Court has dismissed SLP of the Revenue against the High Court judgment holding that Assesssing Officer can’t …

Under IBC, Adjudicating Authority not required to go into the inability of a corporate debtor to pay its debt – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that under IBC, NCLT is not required to go into the inability of a corporate debtor to …

Spectrum allocated to TSPs and shown in books of account as asset cannot be subjected to proceedings under IBC, 2016. In a recent judgment, Hon’ble Supreme Court has held that spectrum allocated to Telecom Service Provider (TSP) and shown in their books of account as an “asset” cannot …

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that under Motor Vehicle Act a separate compensation can not be granted under the head “loss of love and …

Supreme Court to decide difference between employees & employer contribution to PF, ESI for allowability under Section 43B of the Income Tax Act. In a recent case, the Hon’ble Supreme Court has admitted SLP to decide if there is difference between employees and employer contribution to PF, ESI …