SC: Menstrual Health is a Fundamental Right under Article 21; Orders Free Sanitary Pads in Schools  ||  Supreme Court: Industrial Court is the Proper Forum to Decide Issues Relating to Contract Labour  ||  Supreme Court: Only Civil Court of Original Jurisdiction Can Extend Arbitral Tribunal’s Mandate  ||  SC: Demolition of Private Property Must Rest on Clear Statutory Grounds and Due Consideration  ||  SC: After Complaint Was Withdrawn, BCI Disciplinary Committee Could Not Penalise Advocate  ||  MP HC: Decree Holder Cannot Defeat Compromise or Initiate Execution by Refusing Debtor’s Cheque  ||  MP HC: Spouse’s Income Cannot Be Clubbed With Public Servant’s for Disproportionate Assets Case  ||  Ker HC: Bar Association is Not Employer & Cannot Form Internal Complaints Committee under POSH Act  ||  SC: Ex-Contract Workers Must Be Preferred When Employers Replace Contract Labour With Regular Staff  ||  SC: Waqf Tribunals Cannot Hear Claims over Properties Not Listed or Registered under Waqf Act    

Search Results for Tag : Commercial wisdom

News

SC: NCLT/NCLAT Cannot Interfere with Commercial Wisdom of Committee of Creditors(11.03.2021)

Supreme Court has reiterated that the National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT) cannot interfere wit.....

Tags : Supreme Court, Commercial Wisdom of Committee of Creditors



Judgments

Decision of the CoC’s ‘commercial wisdom’ is non¬ justifiable, except on limited grounds(17.12.2021)

Present appeals assail the judgment and order passed by the National Company Law Appellate Tribunal, New Delhi (“the NCLAT”), thereby allowing the app.....

Tags : Resolution Plan, Process, Commercial wisdom



Adjudicating authority or the Appellate Authority cannot sit in appeal over commercial wisdom Of CoC(03.06.2022)

Issue in present case is with regard to withdrawal of the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) in view .....

Tags : Commercial wisdom, CoC, Jurisdiction



SC: Principle of Commercial Wisdom Doesn’t Validate CoC’s Decision Taken in Contravention of Law(08.05.2023)

Supreme Court has held that the principle of Commercial wisdom cannot be used to validate the decision of Committee of Creditors (CoC) which was taken.....

Tags : Supreme Court, Commercial Wisdom, Committee of Creditors



Commercial wisdom of the CoC is to be given paramount importance for approval/rejection of a Resolution Plan(23.11.2023)

Aggrieved by the Impugned Order, the Suspended Director and Promotor of the Corporate Debtor Company, preferred presentappeal, under Section 61 of the.....

Tags : Commercial wisdom, CoC, Judicial review



NCLAT: Can’t Interfere with CoC’s Commercial Wisdom to Distribute Amount Based on Security Interest(03.02.2025)

NCLAT New Delhi has observed that if the provisions of Insolvency and Bankruptcy Code, 2016 are complied with then there cannot be interference in the.....

Tags : NCLAT New Delhi, Commercial Wisdom, Security Interest



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