Tag: Supreme Court of India
-
Recent developments in Indian insolvency law
Clarification on Ineligibility of Resolution Applicants In a significant ruling in the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., the Supreme Court has clarified that a resolution applicant cannot be presumed ineligible under Section 164(2)(b) of the Companies Act, 2013, unless a competent authority explicitly declares their disqualification as a director.…
-
Case update: Paschimanchal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited & Others
In a recent case the Supreme Court of India reversed its previous decision of September 2022 in the matter of State Tax Officer v. Rainbow Papers. In this “Rainbow judgment”, it was established that the State held the status of a ‘secured creditor’ as defined by the Insolvency and Bankruptcy Code.
-
Case update: Sanket Kumar Agarwal & Anr. V. APG Logistics Private Limited
In a significant legal development, the Supreme Court of India, in Sanket Kumar Agarwal v. APG Logistics Private Limited, has provided essential clarifications
-
Invocation of arbitration under an unstamped or insufficiently stamped agreement
The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within…