This volume of the Supreme Court Cases (SCC), Part 2 of Volume 5, brings together a curated selection of landmark decisions delivered by the Supreme Court addressing diverse areas of law, including compensation liability under the Employees’ Compensation Act, 1923 procedural nuances under the Insolvency and Bankruptcy Code, 2016 and the applicability of constructive notice under the Transfer of Property Act, 1882.
Employees’ Compensation Act, 1923 — Ss. 4-A(2), (3)(a) and (b) — Liability of insurer to pay interest in case of default in payment of compensation by employer (insured): Insurance Company impleaded in claim petition whereunder compensation with interest at 6% p.a. awarded and penalty of 40% for default in payment of compensation imposed and no appeal was filed by Insurance Company thereagainst. Hence held, Insurance Company can neither wriggle out of its liability to pay interest amount flowing from award nor can claim recovery from insured, [Shanti v. National Insurance Co., (2025) 5 SCC 206]
Insolvency and Bankruptcy Code, 2016 — S. 31(4) proviso — Approval of proposed combination by CCI prior to approval of resolution plan, by committee of creditors: Approval of proposed combination by CCI prior to approval of resolution plan, by committee of creditors is necessary, [Independent Sugar Corpn. Ltd. v. Hindustan National Gas & Industries Ltd. (Resolution Professional), (2025) 5 SCC 209]
Transfer of Property Act, 1882 — S. 3 Expln. I — Constructive notice under of compulsorily registrable conveyances — Applicability of: Law clarified on applicability of doctrine of constructive notice under S. 3 Expln. I TPA in cases of compulsorily registrable transfers/conveyances that may have taken place of the ancestral property or part(s) thereof, [Uma Devi v. Anand Kumar, (2025) 5 SCC 198]
