Category: Common Interpretation judgment

No Constitutional Court can issue a writ of mandamus to a legislature to enact a law on a particular subject in a particular manner – Union of India & Ors. Vs. K. Pushpavanam & Ors. – Supreme Court

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The settled position of law on the interference of the High Court invoking Article 226 of the Constitution of India in Commercial Matters – M/s. South Indian Bank Ltd. & Ors. Vs. Naveen Mathew Philip & Anr. etc. etc. – Supreme Court

Posted by IBC Laws Editoron April 19, 2023April 19, 2023in Case Laws-SARFAESI-Supreme Court, Common Interpretation judgment, Newsletter-IBC Case

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Whether the principles of natural justice should be read into the provisions of the Master Directions on Frauds – State Bank of India & Ors. Vs. Rajesh Agarwal & Ors. – Supreme Court

Posted by IBC Laws Editoron March 27, 2023April 2, 2023in Case Laws-SARFAESI-Supreme Court, Common Interpretation judgment, Newsletter-IBC Case

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In contractual matters, the High Courts do not like to exercise extraordinary jurisdiction under Article 226 of the Constitution of India – M/s Hornbill Consultants Vs. State of Punjab and Others – Supreme Court

Posted by IBC Laws Editoron March 10, 2023March 10, 2023in Arbitration-Supreme Court, Case Laws-SARFAESI-Supreme Court, Common Interpretation judgment, Indian Contract Act-Case Laws, Newsletter-Arbitration

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Is the Supreme Court the sole repository of power in terms of section 25 of the Code of Civil Procedure (CPC) to direct transfer of a suit, appeal or other proceeding from a Civil Court in one State to a Civil Court in another State? Or, is it open for a High Court – Shah Newaz Khan & Ors. Vs. State of Nagaland & Ors. – Supreme Court

Posted by IBC Laws Editoron February 28, 2023April 4, 2023in Arbitration-Supreme Court, Case Laws-SARFAESI-Supreme Court, Common Interpretation judgment

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Mere availability of an alternative remedy of appeal or revision, which the party invoking the jurisdiction of the High Court under Article 226 has not pursued, would not oust the jurisdiction of the high court and render a writ petition not maintainable – M/s Godrej Sara Lee Ltd. Vs. The Excise and Taxation Officer-Cum-Assessing Authority & Ors. – Supreme Court

Posted by Ramroopon February 6, 2023February 6, 2023in Case Laws-SARFAESI-Supreme Court, Common Interpretation judgment, IBC-Case Laws-Supreme Court, Newsletter-IBC Case

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Scope of the rectificatory jurisdiction of the NCLT under Section 59 of the Companies Act, 2013 – IFB Agro Industries Ltd. Vs. SICGIL India Ltd. and Others – Supreme Court

Posted by IBC Laws Editoron January 8, 2023January 8, 2023in Common Interpretation judgment, Companies Act-Supreme Court, Newsletter-IBC Case

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Whether the MSMED Act, 2006 would prevail over the SARFAESI Act, 2002? – Kotak Mahindra Bank Ltd. Vs. Girnar Corrugators Pvt. Ltd. & Ors. – Supreme Court

Posted by IBC Laws Editoron January 6, 2023January 6, 2023in Case Laws-SARFAESI-Supreme Court, Common Interpretation judgment, Newsletter-IBC Case

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When judgment is pronounced without reasoning, it is not a judgment in the eye of law for the reason that the requirement of reasoning either by Original Court or Appellate Authority is to convey the mind of the judge while deciding such an issue before the Tribunal – Gandhar Oil Refinery (India) Ltd. Vs. City Oil Pvt. Ltd. – NCLAT New Delhi

Posted by IBC Laws Editoron October 4, 2022July 15, 2023in Common Interpretation judgment, IBC-Case Laws-NCLAT, Newsletter-IBC Case, Promotion Case Laws

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Guidelines for the conduct of ad hoc arbitrations in India – Oil and Natural Gas Corporation Ltd. Vs. Afcons Gunanusa JV – Supreme Court

Posted by Ramroopon August 30, 2022March 25, 2023in ACM Pending Cases for other judgment, Arbitration-Supreme Court, Common Interpretation judgment

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Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules