Tag: Supreme Court Judgement

Insurance company can’t take a defence that did not form the basis of repudiation of the claim: Supreme Court of India

Supreme Court Bench comprising Justices Dinesh Maheshwari and Aniruddha Bose in a recent judgment1 held that in a proceeding against the insurance company for rejection of the claim, it cannot take a defence which did

ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court

The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment1 Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the

SALARIES OF THOSE EMPLOYESS WHO WORKED DURING CIRP CONSTITUTE CIRP COSTS & PROVIDENT FUND, GRATUITY FUND TO BE KEPT OUT OF THE LIQUIDATION ESTATE

The Supreme Court bench comprising of Justices MR Shah and Aniruddha Bose in the recent Judgement1 held that: – the wages or salaries of only such workmen/employees, who worked during the Corporate Insolvency Resolution Process

An Arbitral Award can be set aside only when it is vitiated by patent illegality: SUPREME COURT

The Supreme Court, in a recent judgement1, delivered on 30th March 2022, noted that apart from the grounds mentioned in Section 34(2)(b) of the Arbitration and Conciliation Act, 2013 (the “Act”), an arbitral award can

Insolvency and Backruptcy

FATE OF THE ACCOUNTS COVERED UNDER THE FEBRUARY 2018 CIRCULAR POST SUPREME COURT JUDGMENT

The Supreme Court of India in the matter of Dharani Sugars & Chemical Ltd Vs. Union of India struck down Circular dated 12th February 2018 issued by RBI as ultra vires of section 35AA of