top of page
Search


SC Collegium Recommends 26 Judges for Allahabad HC, Including SC Lawyers Garima Prashad & Swarupama Chaturvedi
The Supreme Court Collegium, on 1 September 2025, recommended the appointment of 26 individuals as judges of the Allahabad High Court, including four women and a balanced representation from the Bar and judiciary.
Sep 3, 20252 min read


No Power to Recall Summoning Order in Revision; SICA Not a Shield Against Section 138 NI Act
In a judgment pronounced today, the Supreme Court ruled that revisional courts cannot recall summoning orders in Section 138 NI Act cases and clarified that SICA protection cannot shield against cheque dishonour prosecutions.
Sep 3, 20253 min read


Misuse of Insolvency Framework: Repetitive Section 94 Petitions Cannot Stall SARFAESI Recovery
In an order passed today, NCLAT New Delhi ruled that repeated Section 94 IBC petitions after prior dismissal amount to misuse of the insolvency process and cannot stall SARFAESI recovery or invoke moratorium.
Sep 2, 20253 min read


Defective Affidavit Not Fatal to Section 7 IBC Petition; NCLAT Allows Appeal, Mandates Opportunity to Cure Defect
NCLAT New Delhi held that a defective affidavit under Section 7 IBC does not invalidate the petition and must be allowed to be rectified before rejection.
Sep 2, 20253 min read


Successful Bidder in Liquidation Entitled Only to Operational Reliefs; NCLAT Delhi Denies Excessive Statutory and Tax Concessions
NCLAT Delhi held that a successful bidder in liquidation is entitled only to operational reliefs; excessive statutory, tax, or regulatory claims cannot be granted merely by acquisition.
Sep 1, 20253 min read


IBC does not override the Slum Act; SRA retains the power to remove defaulting developers
Bombay High Court ruled that IBC resolution plans cannot limit SRA’s statutory powers under the Slum Act, affirming the authority to replace defaulting developers.
Sep 1, 20254 min read


Assignment of Stressed Loans to Operational Creditors Held Unlawful; Compromise Under CPC Must Be Lawful, Rules Bombay High Court
Bombay High Court held that assignment of stressed loans to operational creditors is unlawful under RBI norms and that CPC compromises cannot validate agreements prohibited by law.
Sep 1, 20254 min read


Section 94 IBC Not Available to Personal Guarantors of Sole Proprietorship Firms – SARFAESI Recovery Proceedings Valid
MP High Court ruled that Section 94 IBC cannot be invoked by personal guarantors of sole proprietorship or partnership firms, validating SARFAESI recovery proceedings.
Aug 30, 20253 min read


IBC Resolution Plan Overrides Tax Revision Powers under Section 263 of Income Tax Act
Gujarat High Court ruled that approval of an IBC resolution plan extinguishes all pre-existing tax liabilities, overriding the Income Tax Department’s powers under Section 263.
Aug 30, 20253 min read


Delhi High Court Stays IBBI Disciplinary Action Against Insolvency Professional Citing Bias and Procedural Lapse
Delhi High Court stayed IBBI’s disciplinary order against an insolvency professional, holding that violation of natural justice and possible bias warranted judicial intervention at this stage.
Aug 30, 20253 min read
bottom of page