Search Results for "insolvency"

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Search Results for "insolvency"

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Supreme Court

Supreme Court Dismisses Contempt Petition Against Tax Authorities for Alleged Disobedience of Insolvency Judgment. Contempt not established as authorities acted in good faith and were not parties to earlier proceedings, despite claims for pre-resolution plan tax dues being extinguished under Section 31(1) of the Insolvency and Bankruptcy Code, 2016.

27 Mar 2025

The dispute arose from a contempt petition filed by M/s JSW Ispat Special Products Limited (now M/s JSW Steel Limited) against tax authorities of Chha...

Tribunals

National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

21 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

Supreme Court

Insolvency and Bankruptcy Code, 2016 – Income Tax Demands Post Approval of Resolution Plan – Statutory Dues Not Forming Part of the Resolution Plan Stand Extinguished. Once a Resolution Plan is duly approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, all claims not forming part of the plan shall stand extinguished, including statutory dues owed to the Government. No fresh demands can be enforced thereafter.

20 Mar 2025

Statutory dues not forming part of the approved Resolution Plan stand extinguished, and no fresh claims can be raised post-approval. A successful Reso...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

High Court

High Court Recalls Order Due to Violation of RBI Directives and Unlawful Compromise Affecting Third-Party Rights. Recall of Order Based on Unlawful Compromise in Loan Assignment Dispute

11 Mar 2025

Unlawful Compromise: A compromise under Order XXIII Rule 3 of the CPC must be lawful. The assignment of Shaila Clubs' loan to Savannah was unlawful as...

Supreme Court

Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

4 Mar 2025

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

Supreme Court

Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

20 Feb 2025

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

Supreme Court

Supreme Court Reviews Designation Process for Senior Advocates in Jitender @ Kalla Case. The Court examines the validity and procedure of designating Senior Advocates under Section 16 of the Advocates Act, 1961, and modifies guidelines to ensure uniformity and transparency.

1 Jan 2025

The Supreme Court in this judgment addressed concerns regarding the process of designation of Senior Advocates under Section 16 of the Advocates Act, ...

Supreme Court

Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

1 Jan 2025

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

Tribunals

National Company Law Appellate Tribunal Dismisses Appeals by Suspended Director Challenging Withdrawal of CIRP Application Under Section 12A of IBC -- Orders Permitting Withdrawal and Deletion of Suspended Management Upheld

23 Dec 2024

The National Company Law Appellate Tribunal dismissed Appeals by Appellant, Suspended Director, against orders of the Adjudicating Authority related t...

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