A. The Constitution of India, 1950, Articles 32 and 139A - Contract Act, 1872, Sections 128, 133, and 140 - Insolvency and Bankruptcy Code, 2016, Sections 31, 78, 79, 94-187 - Personal Guarantor - A resolution plan concerning a personal guarantor of corporate debtors was examined. It was determined...

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Sesh Nath Singh Vs. Baidyabati Sheoraphuli Co-Operative Bank Ltd.

Judgement Date : march/2021, Citation : 2021 Latest Caselaw 154 SC

Headnote :

A. The Insolvency and Bankruptcy Code, 2016, Sections 7 and 62, along with Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and Section 5 of the Limitation Act, 1963, address the issue of condoning delays. The question arises...

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Gujarat Urja Vikas Nigam Ltd. Vs. Mr. Amit Gupta

Judgement Date : march/2021, Citation : 2021 Latest Caselaw 130 SC

Headnote :

The Insolvency and Bankruptcy Code of 2016, specifically Section 60(5), along with Sections 61(h), 62, and 86 of the Electricity Act of 2003, addresses the issue of staying the termination of a Power Purchase Agreement (PPA). The National Company Law Tribunal (NCLT) and the National Company Law Appe...

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ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED vs. AXIS BANK LIMITED

Judgement Date : february/2020, Citation : 2020 Latest Caselaw 197 SC

Headnote :

CRUCIALBankruptcy - A corporate debtor is said to have given preference at the relevant time only when the dual conditions outlined in subsections 2 and 4 of Section 43 are met.Bankruptcy - The rules regarding preferential transactions, aimed at nullifying certain transactions, also impact the resol...

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DUNCANS INDUSTRIES LTD vs. A.J. AGROCHEM

Judgement Date : october/2019, Citation : 2019 Latest Caselaw 951 SC

Headnote :

IMPORTANT\"The \"Corporate Insolvency Resolution Process\" should not be confused with \"Winding Up Proceedings\".A. According to Section 9 of the Insolvency and Bankruptcy Code, 2016 and Section 16G(1)(c) of the Tea Act, 1953 - Regarding the initiation of the corporate insolvency resolution process...

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Swaraj Infrastructure Pvt. Ltd. Vs. Kotak Mahindra Bank Ltd.

Judgement Date : january/2019, Citation : 2019 Latest Caselaw 64 SC

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State Bank of India Vs. V. Ramakrishnan & ANR. [August 14, 2018]

Judgement Date : august/2018, Citation : 2018 Latest Caselaw 547 SC

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M/S. Innoventive Industries Ltd. Vs. ICICI Bank & ANR. [August 31, 2017]

Judgement Date : august/2017, Citation : 2017 Latest Caselaw 624 SC

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M/s Umesh Goel Vs. Himachal Pradesh Cooperative Group Housing Society Ltd. [June 29, 2016]

Judgement Date : june/2016, Citation : 2016 Latest Caselaw 418 SC

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Central Bureau of Investigation, Hyderabad Vs. K. Narayana Rao [September 21, 2012]

Judgement Date : september/2012, Citation : 2012 Latest Caselaw 524 SC

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Employees Provident Fund Commissioner Vs. O.L. of Esskay Pharmaceuticals Limited

Judgement Date : november/2011, Citation : 2011 Latest Caselaw 823 SC

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M/S. Anita Enterprises & Anr Vs. Belfer Coop. Housing Society Ltd. & Ors [2007] Insc 1142 (14 November 2007)

Judgement Date : november/2007, Citation : 2007 Latest Caselaw 929 SC

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Paramjeet Singh Patheja Vs. Icds Ltd [2006] Insc 714 (31 October 2006)

Judgement Date : october/2006, Citation : 2006 Latest Caselaw 714 SC

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ICICI Bank Ltd. Vs. Sidco Leathers Ltd. & Ors [2006] Insc 249 (28 April 2006)

Judgement Date : april/2006, Citation : 2006 Latest Caselaw 249 SC

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P. Veerasamy. Vs. The Official Assignee High Court, Madras [1999] INSC 4 (12 January 1999)

Judgement Date : january/1999, Citation : 1999 Latest Caselaw 4 SC

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Sri Babu Ram Alias Prasad Vs. Sri Indra Pal Singh (Dead) By LRS [1998] INSC 417 (13 August 1998)

Judgement Date : august/1998, Citation : 1998 Latest Caselaw 417 SC

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Harshad Shantilal Mehta Vs. Custodian & Ors [1998] INSC 312 (13 May 1998)

Judgement Date : may/1998, Citation : 1998 Latest Caselaw 312 SC

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Harshad Shantilal Mehta Vs. Custodian & Ors [1998] INSC 302 (13 May 1998)

Judgement Date : may/1998, Citation : 1998 Latest Caselaw 302 SC

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Tukaram Ramchandra Mane Vs. Rajaram Bapu Lakule [1998] INSC 224 (16 April 1998)

Judgement Date : april/1998, Citation : 1998 Latest Caselaw 224 SC

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Vatticherukuru Village Panchayat & Ors Vs. Nori Vekatrama Deekshithulu & Ors [1991] INSC 114 (26 April 1991)

Judgement Date : april/1991, Citation : 1991 Latest Caselaw 114 SC

Headnote :

Civil Appeal Nos. 931 of 1977 and 200 of 1978 pertain to the same issue, although they stem from two different lawsuits and separate judgments.Civil Appeal No. 931 of 1977 originated from a possession suit filed by the Gram Panchayat against the heirs of the inam grantee. The Trial Court dismissed t...

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Balkrishan Gupta & Ors Vs. Swadeshi Polytex Ltd. & ANR [1985] INSC 22 (12 February 1985)

Judgement Date : february/1985, Citation : 1985 Latest Caselaw 22 SC

Headnote :

Section 169(1) of the Companies Act stipulates that the Board of Directors of a company must promptly convene an extraordinary general meeting upon the request of a specified number of members, as outlined in subsection (4). Subsection 4(a) indicates that for a company with share capital, the number...

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Johrilal Soni Vs. Smt. Bhanwari Bai [1977] INSC 155 (1 August 1977)

Judgement Date : august/1977, Citation : 1977 Latest Caselaw 155 SC

Headnote :

Pyare Lal Gupta, who was declared insolvent, executed a deed of gift in favor of his wife approximately seven years prior to the filing of an application under section 10 of the Provincial Insolvency Act 1920 to adjudicate him as insolvent. The court appointed a Receiver, who subsequently filed an a...

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Ahmedabad Municipal Corporation of The City of Ahmadabad Vs. Haji Abdulgafur Haji Hussenbhai [1971] INSC 83 (18 March 1971)

Judgement Date : march/1971, Citation : 1971 Latest Caselaw 83 SC

Headnote :

In 1950, a building was placed under the control of receivers after its owner was declared insolvent. In 1951, the receivers obtained court orders to pay the outstanding municipal taxes, but they failed to make the payments, and the municipal corporation did not take any action. In 1954, the propert...

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Malini Ayyappa Naicker (Now Dead) Through L.R. Vs. Seth Manghraj Udhavdas [1969] INSC 38 (13 February 1969)

Judgement Date : february/1969, Citation : 1969 Latest Caselaw 38 SC

Headnote :

The creditor petitioning in an insolvency case sought to annul two mortgages: one for Rs. 15,000 in favor of the appellant in C.A. 845, and another for Rs. 10,000 in favor of the appellant in C.A. 846. Both mortgages were dated November 4, 1950, and registered on November 6, 1950.The insolvency cour...

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Union of India Vs. Radha Kissen Agarwalla & ANR [1968] INSC 311 (6 December 1968)

Judgement Date : december/1968, Citation : 1968 Latest Caselaw 311 SC

Headnote :

B was employed by the East India Railway and was a member of the State Railway Provident Fund. He chose to be governed by the Provident Fund Sterling Account Rules, which stipulated that his provident fund would be paid out in sterling upon retirement. In August 1947 and again after his retirement i...

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Yenumula Mallu Dora Vs. Peruri Seetharatnam & Ors [1965] INSC 215 (14 October 1965)

Judgement Date : october/1965, Citation : 1965 Latest Caselaw 215 SC

Headnote :

Upon the request of two creditors (the respondents in this appeal), the appellant was declared bankrupt by the Subordinate Judge in Kakinada, leading to a receiving order against him. This declaration was based on one of the three alleged acts of insolvency presented in the application, specifically...

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Official Receiver, Kanpur & ANR Vs. Abdul Shakur & Ors [1964] INSC 193 (11 September 1964)

Judgement Date : september/1964, Citation : 1964 Latest Caselaw 193 SC

Headnote :

The second appellant, who had signed promissory notes in favor of the respondents, was declared insolvent following a petition filed by them. The Official Receiver, acting under sections 33 and 80 of the Provincial Insolvency Act (5 of 1920) and under the direction of the Insolvency Judge, examined...

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Shivagouda Ravji Patil & Ors Vs. Chandrakant Neelkanth Sedalge & Ors [1964] INSC 162 (8 May 1964)

Judgement Date : may/1964, Citation : 1964 Latest Caselaw 162 SC

Headnote :

The first respondent, while still a minor, was admitted to the benefits of a partnership formed by respondents 2 and 3. This partnership had debts owed to the appellants. After the partnership was dissolved, the first respondent reached the age of majority but did not choose to opt out of partnershi...

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The State of Punjab Vs. S. Rattan Singh [1963] INSC 252 (16 December 1963)

Judgement Date : december/1963, Citation : 1963 Latest Caselaw 280 SC

Headnote :

Provincial Insolvency Act (5 of 1920), s. 4--Can the Insolvency Court examine the decree?1099 Jyoti Parshad owed money to the Bank of Patiala. Unable to repay the debt, he requested the Bank in 1952 to permit him to pay in installments, which the Bank accepted.Rattan Singh, the Respondent, acted as...

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Venkata Reddi & Ors Vs. Pothi Reddi [1962] INSC 342 (30 November 1962)

Judgement Date : november/1962, Citation : 1962 Latest Caselaw 342 SC

Headnote :

The father of the appellants was declared insolvent, leading the Official Receiver to sell the property owned by the undivided family, which included the appellants\' two-thirds share. On February 1, 1943, the appellants filed a lawsuit for partition of the joint family property, naming the responde...

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P. Srinivasa Naicker Vs. Smt. Engammammal & ANR [1961] INSC 331 (28 November 1961)

Judgement Date : november/1961, Citation : 1961 Latest Caselaw 331 SC

Headnote :

The official receiver sold the properties of the insolvents N and his sons, which were under mortgage. The properties were ultimately sold to the appellant, who made the highest bid. The first respondent filed an application under section 68 of the Provincial Insolvency Act, 1920, which the Subordin...

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Rm.Nl. Ramaswami Chettiar & Ors Vs. The Official Receiver, Ramanathapuram Art Madurai & Ors [1959] INSC 107 (28 August 1959)

Judgement Date : august/1959, Citation : 1959 Latest Caselaw 107 SC

Headnote :

On May 91, 1935, an individual named V obtained a decree against R and subsequently assigned it to his mother, M. M then filed a request to be recognized as the assignee and sought execution of the decree, which was addressed on September 27, 1937. In 1939, V was declared insolvent on the basis that...

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Mukti Lal Agarwala Vs. Trustees of The Provident Fund of The Tin Plate Co. of India [1956] INSC 11 (14 February 1956)

Judgement Date : february/1956, Citation : 1956 Latest Caselaw 11 SC

Headnote :

The six employees of Tin Plate Co. of India Ltd. were declared insolvent. They were participants in the company\'s Provident Fund, which held certain amounts credited to their accounts.The creditors of these employees filed applications under section 4 of the Insolvency Act against the company and t...

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Cheruvu Nageswaraswami Vs. Rajah Vadrevu Viswasundara Rao & Ors [1953] INSC 44 (18 May 1953)

Judgement Date : may/1953, Citation : 1953 Latest Caselaw 44 SC

Headnote :

Under Section 28A of the Provincial Insolvency Act, 1920, as amended by the Provincial Insolvency (Amendment) Act of 1948, which has been explicitly made retrospective, when a Hindu father, governed by the Mitakshara law, is declared bankrupt, his ability to alienate the interest of his sons in the...

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The Union of India Vs. Hira Devi & ANR [1952] INSC 31 (21 May 1952)

Judgement Date : may/1952, Citation : 1952 Latest Caselaw 31 SC

Headnote :

A receiver cannot be appointed to execute a decree regarding a compulsory deposit in a Provident Fund that is owed to the judgment debtor. While there may have been some uncertainty under the earlier 1897 Act, the definition of \"compulsory deposit\" in Section 2(a) of the Provident Funds Act (XIX o...

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State Bare Acts

Andhra Pradesh State Laws 362 Arunachal Pradesh State Laws 77 Assam State Laws 302 Bihar State Laws 525 Chandigarh Local Acts 30 Chhattisgarh State Laws 148 Delhi Local Laws 320 Goa State Laws 216 Gujarat State Laws 405 Haryana State Laws 492 Himachal Pradesh State Laws 306 Jammu and Kashmir State Laws 344 Jharkhand State Laws 284 Karnataka State Laws 263 Kerala State Laws 310 Madhya Pradesh State Laws 553 Maharashtra State Laws 862 Manipur State Laws 68 Mizoram State Laws 84 Nagaland State Laws 104 Odisha State Laws 731 Puducherry State Laws 108 Punjab State Laws 669 Rajasthan State Laws 730 Sikkim State Laws 107 Tamil Nadu State Laws 693 Telangana State Laws 32 Tripura State Laws 87 UP State Laws 914 Uttarakhand State Laws 131 West Bengal State Laws 738

Central Acts Categories

Supreme Court (SC) Judgements on Provincial Insolvency Act, 1920

List of Judgements

GLAS Trust Company LLC Vs. BYJU Raveendran &amp; Ors.

Bharti Airtel Ltd. and Anr. Vs. Vijaykumar V. Iyer and Ors.

Sundaresh Bhatt, Liquidator of ABG Shipyard Vs. Central Board of Indirect Taxes and Customs

Abid-Ul-Islam Vs. Inder Sain Dua

Shiv Developers through its Partner Sunilbhai Somabhai Ajmeri Vs. Aksharay Developers

Lalit Kumar Jain Vs. Union of India

Sesh Nath Singh Vs. Baidyabati Sheoraphuli Co-Operative Bank Ltd.

Gujarat Urja Vikas Nigam Ltd. Vs. Mr. Amit Gupta

ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED vs. AXIS BANK LIMITED

DUNCANS INDUSTRIES LTD vs. A.J. AGROCHEM

Swaraj Infrastructure Pvt. Ltd. Vs. Kotak Mahindra Bank Ltd.

State Bank of India Vs. V. Ramakrishnan & ANR. [August 14, 2018]

M/S. Innoventive Industries Ltd. Vs. ICICI Bank & ANR. [August 31, 2017]

M/s Umesh Goel Vs. Himachal Pradesh Cooperative Group Housing Society Ltd. [June 29, 2016]

Central Bureau of Investigation, Hyderabad Vs. K. Narayana Rao [September 21, 2012]

Employees Provident Fund Commissioner Vs. O.L. of Esskay Pharmaceuticals Limited

M/S. Anita Enterprises & Anr Vs. Belfer Coop. Housing Society Ltd. & Ors [2007] Insc 1142 (14 November 2007)

Paramjeet Singh Patheja Vs. Icds Ltd [2006] Insc 714 (31 October 2006)

ICICI Bank Ltd. Vs. Sidco Leathers Ltd. & Ors [2006] Insc 249 (28 April 2006)

P. Veerasamy. Vs. The Official Assignee High Court, Madras [1999] INSC 4 (12 January 1999)

Sri Babu Ram Alias Prasad Vs. Sri Indra Pal Singh (Dead) By LRS [1998] INSC 417 (13 August 1998)

Harshad Shantilal Mehta Vs. Custodian & Ors [1998] INSC 312 (13 May 1998)

Harshad Shantilal Mehta Vs. Custodian & Ors [1998] INSC 302 (13 May 1998)

Tukaram Ramchandra Mane Vs. Rajaram Bapu Lakule [1998] INSC 224 (16 April 1998)

Vatticherukuru Village Panchayat &amp; Ors Vs. Nori Vekatrama Deekshithulu &amp; Ors [1991] INSC 114 (26 April 1991)

Balkrishan Gupta &amp; Ors Vs. Swadeshi Polytex Ltd. &amp; ANR [1985] INSC 22 (12 February 1985)

Johrilal Soni Vs. Smt. Bhanwari Bai [1977] INSC 155 (1 August 1977)

Ahmedabad Municipal Corporation of The City of Ahmadabad Vs. Haji Abdulgafur Haji Hussenbhai [1971] INSC 83 (18 March 1971)

Malini Ayyappa Naicker (Now Dead) Through L.R. Vs. Seth Manghraj Udhavdas [1969] INSC 38 (13 February 1969)

Union of India Vs. Radha Kissen Agarwalla &amp; ANR [1968] INSC 311 (6 December 1968)

Yenumula Mallu Dora Vs. Peruri Seetharatnam &amp; Ors [1965] INSC 215 (14 October 1965)

Official Receiver, Kanpur &amp; ANR Vs. Abdul Shakur &amp; Ors [1964] INSC 193 (11 September 1964)

Shivagouda Ravji Patil &amp; Ors Vs. Chandrakant Neelkanth Sedalge &amp; Ors [1964] INSC 162 (8 May 1964)

The State of Punjab Vs. S. Rattan Singh [1963] INSC 252 (16 December 1963)

Venkata Reddi &amp; Ors Vs. Pothi Reddi [1962] INSC 342 (30 November 1962)

P. Srinivasa Naicker Vs. Smt. Engammammal &amp; ANR [1961] INSC 331 (28 November 1961)

Rm.Nl. Ramaswami Chettiar &amp; Ors Vs. The Official Receiver, Ramanathapuram Art Madurai &amp; Ors [1959] INSC 107 (28 August 1959)

Mukti Lal Agarwala Vs. Trustees of The Provident Fund of The Tin Plate Co. of India [1956] INSC 11 (14 February 1956)

Cheruvu Nageswaraswami Vs. Rajah Vadrevu Viswasundara Rao &amp; Ors [1953] INSC 44 (18 May 1953)

The Union of India Vs. Hira Devi &amp; ANR [1952] INSC 31 (21 May 1952)

State Bare Acts

GLAS Trust Company LLC Vs. BYJU Raveendran & Ors.

Vatticherukuru Village Panchayat & Ors Vs. Nori Vekatrama Deekshithulu & Ors [1991] INSC 114 (26 April 1991)

Balkrishan Gupta & Ors Vs. Swadeshi Polytex Ltd. & ANR [1985] INSC 22 (12 February 1985)

Union of India Vs. Radha Kissen Agarwalla & ANR [1968] INSC 311 (6 December 1968)

Yenumula Mallu Dora Vs. Peruri Seetharatnam & Ors [1965] INSC 215 (14 October 1965)

Official Receiver, Kanpur & ANR Vs. Abdul Shakur & Ors [1964] INSC 193 (11 September 1964)

Shivagouda Ravji Patil & Ors Vs. Chandrakant Neelkanth Sedalge & Ors [1964] INSC 162 (8 May 1964)

Venkata Reddi & Ors Vs. Pothi Reddi [1962] INSC 342 (30 November 1962)

P. Srinivasa Naicker Vs. Smt. Engammammal & ANR [1961] INSC 331 (28 November 1961)

Rm.Nl. Ramaswami Chettiar & Ors Vs. The Official Receiver, Ramanathapuram Art Madurai & Ors [1959] INSC 107 (28 August 1959)

Cheruvu Nageswaraswami Vs. Rajah Vadrevu Viswasundara Rao & Ors [1953] INSC 44 (18 May 1953)

The Union of India Vs. Hira Devi & ANR [1952] INSC 31 (21 May 1952)