Tag: supreme court
Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators
The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the
SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)
The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding
No Contrary View Can Be taken by Labour Court Once Order of Termination approved by the Industrial Tribunal: Supreme Court
The Hon’ble Supreme Court recently held that the order passed by Industrial Tribunal.1 is binding. The views of Industrial Tribunal being higher forum attains finality and no contrary view can be taken by the Labour
Limitation period for filing applications under I&B Code
The Hon’ble Supreme Court, in Tech Sharp Engineers Private Limited v. Sanghvi Movers Limited (Civil Appeal No. 296 of 2020), on September 19, 2022, held “a claim may not be barred by limitation, it is
Resolution Plan that fails to address Statutory Dues is bound to be rejected by the Adjudicating Authority: Supreme Court
The Hon’ble Division Bench, Supreme Court comprising of Justice Indira Banerjee, and Justice A.S. Bopanna, in State Tax Officer (1) v. Rainbow Papers Limited (Civil Appeal No. 1664 of 2020), on 6th September, 2022, held that a
The Holder of the Recovery Certificate would be a Financial Creditor and would be entitled to initiate CIRP: Supreme Court
A Supreme Court Bench comprising Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, in Kotak Mahindra Bank Limited v. A. Balakrishna and Anr (Civil Appeal No. 689 of 2021), affirmed the view taken in
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