Search Results for "Liability"

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Search Results for "Liability"

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Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

Supreme Court

Supreme Court Allows Appeals and Restores Acquittal in Murder Case Due to Doubtful Dying Declaration and Improper Appellate Review. The Court held that a dying declaration cannot be the sole basis for conviction if shrouded with doubtful circumstances, and the High Court failed to give cogent reasons while reversing acquittal under Section 378 of the Code of Criminal Procedure, 1973.

7 May 2021

The dispute involved criminal appeals against a High Court judgment that reversed the trial court's acquittal and convicted the appellants for murder ...

Supreme Court

Supreme Court Allows Appeal of Accused in Murder Case, Restoring Acquittal Due to Unjustified Interference by High Court. High Court's Reversal of Acquittal Under Section 302 read with Section 34 IPC Set Aside as Trial Court's View Was Plausible and Not Perse Under Principles of Section 378 Cr.P.C.

6 May 2021

The dispute arose from a criminal appeal before the Supreme Court of India, where the appellant, an accused in a murder case, challenged the High Cour...

Supreme Court

Supreme Court Addresses Balance Between Constitutional Powers and Media Freedom in Election Commission Case. The Court considered whether the Election Commission of India can claim immunity from judicial oversight and the interplay between freedom of speech, right to information, and judicial accountability in the context of oral remarks made during High Court proceedings.

6 May 2021

The dispute arose from a writ petition filed before the Madras High Court by a candidate in the 135-Karur Legislative Assembly Constituency in Tamil N...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Lack of Credible Conspiracy Proof. Conviction Under Sections 302/34 and 120B IPC Set Aside as Prosecution Failed to Establish Complete Chain of Evidence Excluding All Hypotheses of Innocence.

20 Apr 2021

The appeal arose from a murder case where a recently married woman, Kamla Rani, was shot and killed in 1993 while returning from her parental home on ...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

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) ...

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