This volume of the Supreme Court Cases (SCC), Part 4 of Volume 10, embodies landmark cases decided by the Supreme Court on modification of arbitral award, commercial wisdom in resolution process, benefit of leave encashment, and more.
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37: Court has power to sever or partially uphold/set-aside award, modification of award is not permissible, [L&T Ltd. v. Puri Construction (P) Ltd., (2025) 10 SCC 545]
Insolvency and Bankruptcy Code, 2016 — Ss. 25(2)(j), 43 to 51 and 66: Primacy of CoC’s commercial wisdom in resolution process, reaffirmed. Avoidance transactions distinguished from fraudulent or wrongful trading under IBC, [Piramal Capital & Housing Finance Ltd. v. 63 Moons Technologies Ltd., (2025) 10 SCC 452]
Service Law — Retirement/Superannuation — Retiral benefits — Leave encashment: Law clarified on legality of cancellation of grant of benefit of leave encashment second time for period of re-employment, [State of Sikkim v. Mool Raj Kotwal, (2025) 10 SCC 584]
Service Law — Transfer of Employee/Service: Transfer in public interest vis-à-vis Transfer on request of employee, distinguished, [State of Karnataka v. K.C. Devaki, (2025) 10 SCC 534]
Transfer of Property Act, 1882 — Ss. 7 and 54 — Persons competent to transfer property: General power of attorney (GPA) coupled with agreement to sell does not transfer property title, GPA is automatically revoked upon principal’s death, rendering subsequent transactions invalid. Law clarified re agency when becomes irrevocable, [M.S. Ananthamurthy v. J. Manjula, (2025) 10 SCC 596]
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