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High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

Supreme Court

Supreme Court Quashes Penalty on Part-Time Director in FERA Contravention Case Due to Lack of Specific Findings on Responsibility. Liability Under Foreign Exchange Regulation Act, 1973 Requires Proof That Director Was in Charge of and Responsible for Conduct of Business at Relevant Time, Not Mere Directorship.

27 Jul 2020

The appeal arose from a penalty imposed on the appellant, a part-time non-executive director of Modi Xerox Ltd., for alleged contravention of the Fore...

Supreme Court

Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973.

17 Jul 2020

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

Supreme Court

Supreme Court Dismisses Customs Appeal on Valuation of Imported Goods Under Customs Act, 1962 — Design and Supervision Charges Not Addable to Transaction Value. The Court held that costs for post-importation activities like erection, commissioning, and performance guarantee tests are not includible in the assessable value of imported goods under Rule 4 read with Rule 9(1)(e) of the Customs Valuation Rules, 1988.

27 Apr 2020

The appeal arose from a dispute between the Commissioner of Customs (Port), Kolkata, and Steel Authority of India Ltd. (SAIL) regarding the valuation ...

Supreme Court

Supreme Court Allows Appeals in Food Adulteration Case: Remand Order Set Aside for Violation of Natural Justice. High Court's order setting aside conviction and ordering retrial against company without notice violates Section 401(2) CrPC.

1 Jan 2020

The Supreme Court allowed two appeals arising from a High Court order that set aside the conviction of a nominated officer of Hindustan Unilever Limit...

Supreme Court

Supreme Court Upholds Direction to Deposit 25% of Compensation Under Section 148 NI Act in Appeals Against Conviction for Cheque Dishonour. Amendment to Section 148 of the Negotiable Instruments Act, 1881 is procedural and applies to appeals pending after its enforcement, regardless of when the complaint was filed.

21 Aug 2019

The Supreme Court dismissed appeals by convicts under Section 138 of the Negotiable Instruments Act, 1881, challenging the direction to deposit 25% of...

Supreme Court

Supreme Court Allows Quashing of Complaint Against Director Who Resigned Before Cheque Issuance — Successive Section 482 Application Maintainable Under Changed Circumstances. Resignation prior to cheque issuance absolves director of liability under Section 138 NI Act, and Form 32 under Companies Act is valid proof of resignation.

30 Jul 2019

The appeal arose from a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, against the appellant, who wa...

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

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