1966 0 Supreme(SC) 84 • India - Supreme Court

M. HIDAYATULLAH, J. R. MUDHOLKAR, J. C. SHAH, K. N. WANCHOO, R. S. BACHAWAT, A. K. SARKAR, S. M. SIKRI, V. RAMASWAMI, P. B. GAJENDRAGADKAR

CITIZENS - REQUIREMENT TO AVOID OBITER OBSERVATIONS AND DISCUSSION OF PROBLEMS NOT INVOLVED IN THE PROCEEDINGS IS ALMOST COMPULSIVE ... ... -held, any natural consequence flowing from the order will not introduce ... AGAINST ORDER OF COMPETENT COURT, JUDICIAL ORDER OF COURT IN EXERCISE OF ITS INHERENT JURISDICTION IS TO HELP ADMINISTRATION OF ... When this request was made by Mr. ... Goda s request for prohibiting....

2020 5 Supreme 194 • India - Supreme Court

ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R.SHAH, S.RAVINDRA BHAT

has to be excluded - No necessity for providing for exclusion of the period in the statute - Some States providing for exclusion ... in inclusion of such period or periods for purpose of reckoning the period of 5 years. ... - Held, period of operation of the interim order has to be excluded for counting #HL_S....

2020 8 Supreme 561 • India - Supreme Court

N.V.RAMANA, SANJIV KHANNA, KRISHNA MURARI

Distinction between judgments in rem and judgments in personam turns on their power as res judicata – A Judgment in rem determines status ... The restrictive interpretation approach on the other hand states that in case of doubt the disputes shall not be treated as covered ... expressions “rights in rem” and “rights in personam” may not be correct for determining non-arbitrability because of the inter-play ... , child custody; (iii)....

2011 0 Supreme(SC) 416 • India - Supreme Court

R.V.RAVEENDRAN

issues arising for consideration in application under Section 11 for appointment of arbitrators, are far narrower than those arising ... nbsp;Arbitration and Conciliation Act, 1996–Section 8–Limitation–Application under Section 8 should be made at the ... reply by defendant to an application for temporary injunction/attachment before judgment/ appointment of Receiver, cannot be considered ... to the appellant to request the court t....

2009 2 Supreme 529 • India - Supreme Court

(Para 32) ... (g)Interpretation of Statues – DRT Act ... The possession of movable and immovable properties of the company was taken by the bank on 15.2.2005 and the same were sold for a ... The non obstante clauses contained in Section 34(1) of the DRT Act and Section 35 of the Securitisation Act cannot be invoked for ... #HL....

2008 0 Supreme(Bom) 891 • India - Bombay

R.M.S.KHANDEPARKAR, P.B.MAJMUDAR

Act - Issuance of Insolvency Notice thereof - Not permissible - Complete Machinery for adjudication provided under Act 1993 - Resort ... sub-section (1) would be attracted in relation to the provisions of the Insolvency Act. ... provisions of Section 34 clearly give overriding effect, would rule out resort to the provisions of Section 9(2) of the Insolvency ... ....

2025 0 Supreme(SC) 1862 • India - Supreme Court

J. B. PARDIWALA, K. V. VISWANATHAN

plant, converting receivables to CRPS at the request of the respondent. ... The appellant initiated insolvency proceedings for the non-payment of CRPS, which was dismissed by NCLT and NCLAT. ... (A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Companies Act, 2013 - Sections 3(11), 5(7), 5(8), and 55 - Dismissal of appeal ... Insolvency and Bankru....

2025 0 Supreme(All) 2436 • India - IN THE HIGH COURT OF ALLAHABAD

Mahesh Chandra Tripathi, Prashant Kumar, JJ.

relief against the Noida Authority for failure to hand over possession of land for the Sports City project, claiming damages and ... writ petition and the justification for the delays in the project. ... of the consortium, lacked the standing to challenge the actions of the Noida Authority regarding the Sport....

2025 0 Supreme(All) 2435 • India - IN THE HIGH COURT OF ALLAHABAD

MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR

(Paras 141-143) (F) Recommendations - The court provided guidelines for handling insolvency ... (Paras 130-134) (E) Corporate Insolvency - The court noted that the insolvency process initiated ... to grant relief to the petitioners. ... What will be the effect on a Consortium when a Member of the Consortium goes into insolvency under the #HL_ST....

2019 0 Supreme(P&H) 865 • India - Punjab and Haryana

JASWANT SINGH, LALIT BATRA

Lease - Insolvency and Bankruptcy Code, 2016 - [Industrial Lease, Insolvency, Bankruptcy] - [Section 10 of Insolvency and Bankruptcy ... Issues: The main issue was the petitioner's request for time to vacate the premises and the settlement of outstanding rent ... of outstanding electricity charges for #HL_STA....

2025 Supreme(Online)(NCLT) 7894 • India - National Company Law Tribunal

IBBI/IPA-001/IP-P00294/2017-18/10538 and Resolution Professional of Riverbank Developers Private Limited, having his office at Grant Thorton, Unit 1603 & 1604, Eco Centre, Plot No. 4 Street No. ... However, the same was rejected by email dated 11.08.2025 on the sole ground of delay, despite no dispute as to the Applicant’s status as a homebuyer or the payments made. As no resolution plan has yet been approved, no prejudice will be caused to any stakeholder if the delay is condoned. ... who is a bona fide homebuyer and senior citizen aged about 82 years, i....

2023 0 Supreme(Bom) 1564 • India - Bombay

ABHAY AHUJA

file the notice, together with a request for issue. ... provisions of the Insolvency Act be construed strictly and in favour of the Debtor in as much as the status of the Debtor is sought to be affected thereby. ... Therefore it is quite clear that the Judgment Debtor is not serious about protecting his status. The Petitioing Creditor has been waiting since 2017 to recover dues of over Rs. 21 crores. ... True also as noted above that the provisions of the Insolvency Act have to be construed strictly. An....

2026 Supreme(Online)(Ker) 3097 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM

T.R. RAVI, J

At the time of admission, this Court had called for a report from the Sub Court, Thiruvananthapuram regarding the status of the proceedings. A report has been received which says that Ext.P1 insolvency petition (Insolvency Petition No.3 of 2017) has been consolidated along with O.P. ... (Insolvency) is maintainable. However, it is admitted that the question that was considered was regarding the maintainability in the light of the bar under the Insolvency and Bankruptcy Code (IB Code). ... The contenti....

2026 Supreme(Online)(NCLT) 740 • India - National Company Law Tribunal

Pursuant thereto, the Applicant filed a Final Status Report, however, the said application was marked defective by the Registry, and the advocate on record failed to cure the defects within the stipulated time. ... 2) The present Interlocutory Application has been filed by the Applicant/Chairperson of Monitoring Committee of the Corporate Debtor, to place on record the Status Report. ... 5) Through the present Interlocutory Application, the Applicant seeks closure of the Corporate Insolvency Resolution Process of the Corporate Debtor.6) H....

2021 0 Supreme(Gau) 155 • India - Gauhati

MIR ALFAZ ALI

Section 217 of the Insolvency Code, 2016 provides that any person aggrieved by the functioning of an insolvency agency or insolvency professional or insolvency utility may file an application before the board within a specific time and in such manner as may be specified. ... It is for this reason that when the authority empowered to grant sanction is proceeding to exercise its discretion, it has to take into account the material facts of the incident complained of before passing an order of granting san....