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consideration
Cases ReportedNever Reported Judgments

NRJ Series| When SC held repayment of original debtor’s debts by his legal heirs as a good consideration in agreement between parties [(1954) 2 SCC 847]

This report covers the Supreme Court’s Never Reported Judgment on consideration, dating back to the year 1954.

Published on February 23, 2025February 23, 2025By Arushi
1 Comment363 views
actionable claim
Case BriefsSupreme Court

Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers

After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.

Published on November 15, 2023November 15, 2023By Apoorva
Leave a comment4706 views
Case BriefsSupreme Court

Borrower’s offer to pay Rs.71 lakhs as a purchaser of mortgaged property will not discharge him from entire outstanding liability of approx 1.8 crores: SC

Supreme Court: The Division Bench of M. R. Shah* and Sanjiv Khanna, JJ., held that  the entire liability outstanding against the borrower

Published on March 1, 2022March 4, 2022By Editor_4
Leave a comment4091 views
Case BriefsSupreme Court

IBC Amendment, 2018; Supreme Court elaborates conditions for disqualification of Resolution Professional under S. 29A(h) of IBC

Supreme Court: In a case were the Division Bench of Sanjay Kishan Kaul and M.M. Sundresh*, JJ., was sought to provide judicial

Published on February 5, 2022February 11, 2022By Editor_4
Leave a comment3529 views
Case BriefsTribunals/Commissions/Regulatory Bodies

EPC Construction Resolution: NCLAT allows distribution of Rs 223 crores from available cash balance among creditors and lenders

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Ashok Bhushan (Chairperson) and Dr. Alok Srivastava (Technical Member) allowed distribution of

Published on February 2, 2022February 4, 2022By Editor_4
Leave a comment2984 views
Case BriefsSupreme Court

“Any deviation would defeat the object and purpose of providing such time limit under IBC”; Supreme Court directs to speed up insolvency process of Amtek Auto  

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., directed to speed up the insolvency resolution process of Amtek

Published on December 8, 2021December 10, 2021By Editor_4
Leave a comment3607 views
Case BriefsHigh Courts

Law on territorial jurisdiction explained | Will the place mentioned on invoice decide the jurisdiction of a Court on filing of a suit against it? Del HC explains

Delhi High Court: Asha Menon, J., emphasized the law on territorial jurisdiction while addressing the present matter. Present petition was filed impugning

Published on September 18, 2021September 23, 2021By Bhumika Indulia
1 Comment38876 views
Case BriefsHigh Courts

Del HC | Does Exception 3 to S. 28 of Contract Act deal with claim period within which beneficiary is entitled to lodge claim? Court discusses

Delhi High Court: Jayant Nath, J., held that, Exception 3 to Section 28 of the Contract Act deals with curtailment of the

Published on July 28, 2021August 6, 2021By Bhumika Indulia
Leave a comment7244 views
Case BriefsSupreme Court

Any creditor including Central/State Government or any local authority bound by Resolution Plan approved by adjudicating authority under Section 31(1) IBC: Supreme Court

“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished. “

Published on April 15, 2021April 16, 2021By Prachi Bhardwaj
Leave a comment5221 views
Case BriefsSupreme Court

Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC

Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.

Published on November 19, 2020December 7, 2020By Prachi Bhardwaj
Leave a comment4059 views

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