Category: Supreme Court

Deceased homemaker can not be considered as dependant for award of compensation under MV Act. Courts to award a composite sum of Rs. 30,000/- towards loss of domestic care.  In a recent judgment, Hon’ble Supreme Court has held that a homemaker (housewife) can not be considered as dependant …

Limitation for filing application u/s 34 of Arbitration Act commence from date on which application u/s 33 is disposed of by Arbitral Tribunal. In a recent judgment, Hon’ble Supreme Court has held that once jurisdiction under Section 33 of Arbitration Act is formally invoked and such proceedings are …

Once Committee of Creditors in its commercial wisdom, decides to reject the Resolution Plan and liquidate the Corporate Debtor on account of the SRA default, there can be no interference. In a recent judgment, Supreme Court has held that once the Committee of Creditors (CoC) in its commercial …

Supreme Court refers the question of applicability of moratorium under IBC on proceedings u/s 138 of the NI Act to Chief Justice for constitution of a larger bench In a recent judgment, Hon’ble Supreme Court has held that moratorium provisions under Part III of the IBC cannot be …

Supreme Court declines to entertain SLP due to constitution of the GST Appellate Tribunal  In a recent judgment, Hon’ble Supreme Court has declined to entertain a SLP against the decision of the Allahabad High Court whereby the High Court dismissed the appeal of the Petitioner against the order …

Amount of money received as Mediclaim not deductible from an award passed by MACT under the head of medical expenses. Amount of money received as Mediclaim under Mediclaim policy is not deductible from an award passed by Motor Accidents Claims Tribunal (the MACT) which may also include compensation …

Supreme Court explains meaning and scope of “reason to believe” u/s 147 and when reopening can be said to be mere change of opinion. In a recent judgment, Hon’ble Supreme Court has explained the meaning and scope of “reason to believe” under Section 147 of Income Tax Act …

Corporate guarantees executed by the corporate debtor constitute “financial debt” under IBC and banks to be recognized as financial creditors – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the corporate guarantees executed by the corporate debtor constitute “financial debt” within the meaning of …

When IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process – Supreme Court In a recent judgment, Hon’ble Supreme Court upheld that when IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process …

Deficiency in valuation or court fee does not, by itself, render the suit non-maintainable at the threshold – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the deficiency in valuation or court fee does not, by itself, render the suit non-maintainable at the threshold. …