Tag: supreme court

Writ Petition under Art. 226 Unavailable if Statutory Appeal under Sec. 17 Sarfaesi Act, 2002–Supreme Court

Writ Petition Under Article 226 Cannot Be Entertained When Alternative Statutory Remedy Is Available By Way Of Appeal Under Section 17 Of The Sarfaesi Act, 2002–Supreme Court

The Hon’ble Division Bench of Supreme Court comprising of Justice M.R. Shah and CT Ravikumar in G Vikram Kumar V State Bank of Hyderabad & Ors. vide order dated 02.05.2023[i] held that for any action

Arbitrators fees Under The Fourth Schedule Of A and C Act

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

1 2 3