This volume of the Supreme Court Cases (SCC), Part 3 of Volume 9, embodies landmark cases decided by the Supreme Court on reserved forests, death by motor accidents, cheque dishonour by corporate debtor under IBC, pre-institution mediation, CIRP, and more.
Forest (Conservation) Act, 1980 — S. 2 — Reserved forest: Allotment/transfer/sale/lease of reserved forest area, to private individuals for non-forest activity without prior approval of Central Government, illegal, [Forest Land Construction of Multistoreyed Buildings in Maharashtra, In re, (2025) 9 SCC 359]
Motor Vehicles Act, 1988 — S. 166 — Fatal claim — Alleged offending vehicle whether involved: When FIR registered after three months of the accident and the alleged eyewitness failed to give details of the vehicle, like colour and registration number, it was held that offending vehicle was not involved, [Sanju Bai Prajapati v. New India Assurance Co. Ltd., (2025) 9 SCC 414]
Negotiable Instruments Act, 1881 — Ss. 141 and 138 — Dishonour of cheque by company (corporate debtor under IBC): Proceedings against Director who draws the cheque, not maintainable, where moratorium under S. 14 IBC commences prior to issuance of notice of dishonour under S. 138 NI Act, [Vishnoo Mittal v. Shakti Trading Co., (2025) 9 SCC 417]
Commercial Courts Act, 2015 — S. 12-A — Pre-institution mediation stipulated under: Pre-institution mediation stipulated under S. 12-A, Commercial Courts Act, 2015 is mandatory. Law clarified on prospective application of S. 12-A, [Dhanbad Fuels (P) Ltd. v. Union of India, (2025) 9 SCC 424]
Insolvency and Bankruptcy Code, 2016 — Ss. 8 and 9: Service of statutory demand notice under S. 8, to Key Managerial Personnel (“KMP”) of corporate debtor at the registered office can be considered as valid service, so as to maintain a S. 9 petition for initiation of CIRP against corporate debtor, [Visa Coke Ltd. v. Mesco Kalinga Steel Ltd., (2025) 9 SCC 461]