Company Law – Winding Up – Non-Payment of Dues – Defence of Defective Material – Appellant claimed huge losses due to defective material supplied by respondent – No documentary evidence provided – Respondent acknowledged defects by granting credit – Company Judge and Division Bench found defence not bonafide – Appeal dismissed [Paras 1-19].
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Arbitration – Appointment of Arbitrator – Novation of MoU by SHA – Whether the MoU has been superseded by the SHA requires detailed consideration – Section 11 court’s jurisdiction limited to prima facie review – Arbitration clause in MoU cannot be negated without thorough analysis – Appeal allowed, parties referred to arbitration [Paras 1-9].
Scope of S...
Service Law – Recruitment – Qualification – Degree Holders – Interpretation of "minimum" qualifications for Junior Engineer (Electrical) – Whether degree in Electrical Engineering is considered higher than diploma and if degree holders are eligible – Supreme Court held that recruitment rules allowed for interpretation including degree holders – A...
Land Acquisition – Market Value – Determination – Appeal concerning valuation of lands acquired for setting up Industrial Model Township – High Court relied on sale deeds and assessments from previous cases – Supreme Court upheld High Court's methodology and market value determination – Rejected reliance on cumulative annual increase beyond safe periods due ...
Land Acquisition – Compensation – Excess Payment – Applications seeking clarification on previous judgment on compensation – Supreme Court upheld compensation rate of Rs.29,773,333/- per acre – Noted excess compensation paid due to earlier interim orders – Held that landholders need not return excess amounts considering authorities recovered more from subsequent...
Land Acquisition – Compensation – Enhancement – Lands acquired for Industrial Model Township – High Court granted flat 8% increase over market value – Supreme Court affirmed increase – Considered potential development due to proximity to Kundli-Manesar-Palwal Expressway – Sale deed of 28.04.2004 not relied upon due to additional factors in valuation &ndash...
Levy and Assessment of Cess – The Supreme Court examined whether the UPPTCL could levy and collect labor cess under the Cess Act, 1996, without undertaking a proper assessment and issuing an order for such levy and assessment. The High Court found that in the absence of any order for levy and assessment under the Cess Act, the recovery could not be made pursuant to an audit objection by the ...
Insolvency and Bankruptcy Code – Approval of Resolution Plan – The Supreme Court emphasized that Section 30(4) of the IBC amplifies the considerations for the Committee of Creditors (CoC) in exercising their commercial wisdom to approve a resolution plan. This includes the viability and feasibility of the plan and ensuring fairness in distribution among similarly situated creditors. Ju...
Insolvency and Bankruptcy – Approval of Resolution Plan – Whether approval of a resolution plan for a corporate debtor under the Insolvency and Bankruptcy Code, 2016 (IBC) discharges personal guarantors of their liabilities – Supreme Court held that the approval of a resolution plan does not discharge personal guarantors of their liabilities under the contract of guarantee &ndash...
Consumer Disputes - Insurance Claim - Deficiency in Service - Appellant's claim for insurance coverage of ammonia gas leakage rejected by National Consumer Disputes Redressal Commission (NCDRC) - Appeal to Supreme Court - Evaluation of surveyor and expert reports crucial in determining cause of leakage and coverage - Consideration of cited decisions - Proper approach in evaluating technical ev...