Weekly Digest Of IBC Cases: 23rd To 29th October 2023

Supreme Court IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7: Supreme Court Case Title: Tottempudi Salalith v State Bank Of India & Ors. Citation: 2023 LiveLaw (SC) 914 The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, has held that in a composite application filed under Section 7 of the...

Tax Cases Weekly Round-Up: 22 To 28 October, 2023

Supreme Court State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court Case Title: The State of Telangana & Ors. V. M/S Tirumala Constructions., Civil Appeal No(S). 1628 Of 2023 Citation : 2023 LiveLaw (SC) 927 A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay...

Supreme Court Weekly Digest [September 18 – 24, 2023]

Citations: 2023 LiveLaw (SC) 800 To 2023 LiveLaw (SC) 821SUBJECT WISE INDEXArbitrationThe Supreme Court explains scope of judicial interference in arbitral awards. Batliboi Environmental Engineers v. Hindustan Petroleum Corporation, 2023 LiveLaw (SC) 817 : 2023 INSC 850Civil LawIn the second appeal, the High Court must frame a substantial question of law at the admission stage itself...

Consumer Cases Weekly Round Up: 16th October to 22nd October

Supreme Court Consumer Disputes Are Non-Arbitrable, Consumers Can't Be Compelled Into Arbitration: Supreme Court Case Title: M. Hemalatha Devi & Ors V. B. Udayasri, Civil Appeal Nos.6500-6501 of 2023, Citation: 2023 LiveLaw (SC) 902 The Supreme Court recently held that consumer disputes are non-arbitrable disputes and that a party cannot be compelled into arbitration just...

Arbitration Weekly Round-Up: 16th October – 22nd October

Supreme Court Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court Case Title: M/S CHENNAI METRO RAIL LIMITED vs. M/S TRANSTONNELSTROY AFCONS JV, C.A. No. 4591/2023 Citation : 2023 LiveLaw (SC) 909 In a notable judgment, the Supreme Court has held that unilateral revision of fee by...

Weekly Digest Of IBC Cases: 16th To 22nd October 2023

Supreme Court IBC | Doctrine Of Election Can’t Prevent Financial Creditor From Initiating CIRP Against Corporate Debtor: Supreme Court Case Title: Tottempudi Salalith v State Bank Of India & Ors. Citation: 2023 LiveLaw (SC) 914 The Supreme Court has held that the ‘Doctrine of Election’ cannot be applied to prevent a Financial Creditor from approaching the...

Tax Cases Weekly Round-Up: 15 To 21 October, 2023

Supreme Court U.P. Trade Tax Act | ‘Tinted Glass’ To Be Taxed As “Goods Or Wares Made Of Glass”, As it is Different from ‘Plain Glass’: Supreme Court Case Title: M/S Triveni Glass Limited v COMMISSIONER OF TRADE TAX, U.P. Case No.: 2023 LiveLaw (SC) 896 The Supreme Court has held that ‘Tinted Glass Sheet’ is different from ‘Plain Glass sheet’ and...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 11 – 17, 2023]

Citations: 2023 LiveLaw (SC) 763 To 2023 LiveLaw (SC) 799SUBJECT WISE INDEXAdvocateIt is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees - Ensure that an Advocate who appears for the State is paid his fees within a reasonable time. State of Uttar Pradesh v. Bina Pandey, 2023 LiveLaw (SC) 769Disciplinary...

Consumer Cases Weekly Round-Up: 9th October 2023 to 15th October 2023

National Consumer Disputes Redressal Commission NCDRC Orders Haryana Transport Department To Pay Compensation For Its Failure To Prevent Smoking Inside Public Buses The National Consumer Disputes Redressal Commission (“NCDRC”) bench comprising Dr Inder Jit Singh (Presiding Member) directed the Haryana State Transport Department to take appropriate measures to stop the menace...

Arbitration Cases Weekly Round-Up: 9th October- 15th October

Delhi High Court Whether Enforcement Of Foreign Arbitration Award Can Be Denied Due To Non-Stamping Of Arbitration Agreement? Delhi High Court To Examine Case Title: SIMPLOT INDIA LLC v. HIMALAYA FOOD INTERNATIONAL LIMITED Citation: 2023 LiveLaw (Del) 938 The Delhi High Court is set to examine whether the enforcement of a foreign arbitration award can be denied due to...

Weekly Digest Of IBC Cases: 9th To 15th October 2023

Supreme Court Homebuyers Who Secure RERA Decrees Can't Be Treated Differently From Other Financial Creditors Under IBC: Supreme Court The Supreme Court bench comprising Justices S Ravindra Bhat and Aravind Kumar, has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code (IBC) 2016 just because they have...

Tax Cases Weekly Round-Up: 8 To 14 October, 2023

Supreme Court Customs Duty - Undervaluation Must Be Proved By Evidence Of Prices Of Contemporaneous Imports; Else Benefit Of Doubt Goes To Importer : Supreme Court Case Title: Commissioner of Customs (Imports), Mumbai v. M/s Ganpati Overseas Citation : 2023 LiveLaw (SC) 864 The Supreme Court has recently highlighted that the transaction value (the price actually paid...