Search Results for Tag : Section 9
News
No Arrest Under Section 91 Finance Act Without Notice and Hearing: SC(01.02.2019)
Supreme Court has upheld the decision of Delhi High Court which held that following the procedure under Section 73A(3) and (4) of the Finance Act 1994.....
Tags : Supreme Court, Section 91 Finance Act
Cal HC: High Court Lacks Jurisd. When Application u/s 9A of A&C Act Filed Before Commercial Court(26.02.2024)
Calcutta High Court has held that if an application under Section 9A of Arbitration and Conciliation Act, 1996 (A&C Act) has been filed before a comme.....
Tags : Calcutta High Court, Section 9A of A&C Act, Jurisdiction, Commercial Court
Madras HC: Manifest Intention to Arbitrate is Sine Qua Non for Filing Application Under S.9(22.04.2022)
Madras High Court has ruled that manifest intention to arbitrate is a sine qua non for filing an application under Section 9 of the Arbitration & Conc.....
Tags : Madras High Court, Section 9 of the Arbitration & Conciliation Act, 1996, sine qua non, arbitration
Gujarat HC: Relief Can't be Granted as it Amount to Main Relief in Section 9 Arbitration Application(26.04.2022)
Gujarat High Court has held that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been d.....
Tags : Gujarat High Court, Section 9, Arbitration and Conciliation Act, 1996
NCLAT: Resolution Professional Can Submit An Additional Report Under Section 99 I&B Code(29.04.2022)
National Company Law Appellate Tribunal has observed that the Resolution Professional can submit an additional report under Section 99 of the Insolven.....
Tags : National Company Law Appellate Tribunal, Section 99, Insolvency & Bankruptcy Code, 2016
NCLAT: No Bar in Pendency of Execution Proceedings u/s 9 IBC(07.04.2022)
National Company Law Appellate Tribunal has observed that the pendency of an execution petition does not bar the operational creditor from filing a pe.....
Tags : National Company Law Appellate Tribunal, execution petition, Section 9 of the Insolvency and Bankruptcy Code, 2016
Delhi HC: Pendency of Insolvency Petition Is Not Bar to Appointment of Arbitrator(16.05.2022)
Delhi High Court has observed that the mere pendency of an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not a ba.....
Tags : Delhi High Court, Section 9, Insolvency and Bankruptcy Code, 2016, Arbitrator
NCLAT: Salary Incrementation is Valid by Employment Agreement or Board Resolution(16.05.2022)
National Company Law Appellate Tribunal, (NCLAT) has observed that salary incrementation is valid only by an employment agreement or board resolution .....
Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, Section 9
NCLAT: Insolvency Cannot be Initiated on Basis of Unpaid LTC And Leave Encashment Dues(16.05.2022)
National Company Law Appellate Tribunal, has ruled that the welfare claims such as Leave Encashment, superannuation dues are not operational debt for .....
Tags : National Company Law Appellate Tribunal, Leave Encashment, Corporate Debtor, Section 9, Insolvency & Bankruptcy Code, 2016, superannuation dues
NCLAT: Salary Incrementation is Valid by Employment Agreement or Board Resolution(16.05.2022)
National Company Law Appellate Tribunal, (NCLAT) has observed that salary incrementation is valid only by an employment agreement or board resolution .....
Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, Section 9
Calcutta HC: No Direction Can Be Passed to Sell Property to Third Party in Section 9 of The A&C Act(20.05.2022)
Calcutta High Court held that no direction can be passed to sell property to third party in Section 9 of the A&C Act. It was held that, to sell the su.....
Tags : Calcutta High Court, Arbitration and Conciliation, Section 9, Property
SC: Adverse Possession Plea Cannot Be Raised First Time in Appeal(12.08.2025)
The Supreme Court has held that adverse possession must be specifically pleaded, framed as an issue, and proved at trial. It cannot be introduced for .....
Tags : Supreme Court, Adverse Possession, Pleadings, Civil Procedure Code, Section 96
Calcutta HC: Cannot Summon Accused to Produce Incriminating Evidence against Himself(29.08.2025)
Calcutta High Court has held that it was never the legislative intent while enacting Section 91 of the Code of Criminal Procedure, 1973 that court can.....
Tags : Calcutta High Court, Section 91, Incriminating Materials
NCLAT: Can’t Admit Application u/s 9 of IBC When Debt is Discharged after Receipt of Demand Notice(21.03.2025)
NCLAT New Delhi bench has held that application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted if the corporate debtor.....
Tags : NCLAT New Delhi, Section 9, Corporate Debtor
NCLAT: To Reject Application u/s 9 of IBC Reflection of Genuine Pre Existing Dispute Sufficient(24.03.2025)
NCLAT New Delhi Bench has held that for rejection of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), reflection of a.....
Tags : NCLAT New Delhi, Pre Existing Dispute, Section 9
NCLAT: Under Section 99 of IBC Ten-Day Time Period is Directory Not Mandatory(09.04.2025)
NCLAT New Delhi bench has held that under Section 99 of the Insolvency and Bankruptcy Code, 2016 the ten day period within which the Resolution Profes.....
Tags : NCLAT New Delhi, Section 99, Resolution Professional
NCLAT: No Requirement of Opportunity of Being Heard at Stage of Report Submission u/s 99 of IBC(10.04.2025)
NCLAT New Delhi bench has held that there is no requirement of the opportunity of being heard at the stage when a report under Section 99 of the Insol.....
Tags : NCLAT New Delhi, Section 99, Recommendatory
NCLAT: When CD Doesn’t Unequivocally Admit Debt, Application u/s 9 Must Not be Entertained(28.02.2025)
NCLAT New Delhi bench has held that when the debt is not unequivocally admitted by the Corporate Debtor (CD), application under Section 9 of the Insol.....
Tags : NCLAT New Delhi, Section 9, Corporate Debtor
NCLAT: Single WhatsApp Message Sent Long Ago Can't Become Foundation to Reject Petition U/S 9 of IBC(07.07.2025)
National Company Law Appellate Tribunal has held that a single WhatsApp message sent long ago, without any reference to any specific invoice or the am.....
Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, Section 9
Delhi HC: CBI Cannot Use Section 91 of CrPC to Seek Demand Draft Suspected to be Proceeds of Crime(17.07.2025)
Del. HC has held that there are established means in place to secure suspected proceeds of crime, but direction to prepare a draft of the amount suspe.....
Tags : Delhi High Court, Section 91, Demand Draft
Bom HC: Can’t Circumvent Statutory Protection under Maha. Rent Control Act by invoking Arb. Petition(21.04.2025)
Bombay High Court has observed that statutory protection afforded to tenants under the Maharashtra Rent Control Act, 1999 cannot be circumvented by in.....
Tags : Bombay High Court, Section 9, Statutory Protection