Hon’ble Supreme Court held that the evidence of interested person can be considered provided such evidence is corroborated by other evidence on record. A close relative who is a natural witness cannot be regarded as an interested witness. Rahul V. State of Haryana, CRA. 262 of 2021.
View DetailsHon’ble Supreme Court says that unless and until the procedures under Order XLI Rules 27, 28 and 29 are followed, the parties to the appeal cannot be permitted to lead additional evidence and or the appellate court is not justified to direct the court from whose decree the appeal is preferred or any other subordinate court, to take such evidence and to send it when taken to the Appellate Court. H.S.Gowtham V. Rama Murthy, 2021 SCC Online SC 87.
View DetailsHon’ble Supreme Court held that a consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake. Compack Enterprises India (P) Ltd V. Beat Singh, SLP (Civil) No.2224 - 2225 of 2021.
View DetailsHon’ble Supreme Court held that section 10A of the Insolvency and Bankruptcy code barred filing the application for the commencement of the CIRP in respect of a Corporate Debtor for a default occurring on or after 25 March 2020, even if such application was filed before 5 June 2020. The Apex Court also held that the retrospective bar on the filing of application for the commencement of CIRP during the stipulated period does not extinguish the debt owed by the Corporate Debtor of the right of creditors to recover it. Ramesh Kymal V. M/s.Siemens Gamesa Renewable Power Pvt. Ltd., 2021 SCC Online SC 72.
View Details