Supreme Court of India

State Bank of India v. V. Ramakrishnan & Anr.

Neutral citation

Reported as [2018] 10 S.C.R. 974

Bench R. F. Nariman and Indu Malhotra JJ.

Decided 14 August 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the Kerala Chitties Act, 1975 became void on the making of the Chit Funds Act, 1982 on 19-8-1982, [when it received the assent of the President and got published in the Official Gazette] as the Central 1982 Act intended to cover the entire field with regard to the conduct of the chits and further that the State Finance STATE BANK OF INDIA v.

Judgment, page 20

From the headnote

Insolvency and Bankruptcy Code, 2016: s.14 – Applica bility of, in case of personal guarantor – Whether s.14 of the Code whi ch provides for a moratorium for the limited period menti oned in the Code, on admission of an insolvency petition, would apply to a personal guarantor of a corporate debtor – Held: s.14 is applicabl e only in case of corporate debtor – Said section does not mention about the personal guarantor – So far as personal guarantor s are concerned, Part III has not been brought into force , and neither has s.243, which repeals the Presidency-Towns Insolvency ct, 1909 and the

Authorities it was built on

2014 Commissioner of Income Tax (central)-1, New Delhi v. Vatika Township Private Limited cited by 37
2012 State of Kerala & Ors. v. M/s. Mar Appraem Kuri Co. Ltd. & Anr. cited by 14
2016 M/s Madras Petrochem Ltd. & Anr v. Bifr& Ors. cited by 9
2003 Commissioner of Income Tax, Bhopal v. M/s. Shelly Products and Anr. cited by 3

Where later benches applied it

2023 Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd. relied on
2021 Lalit Kumar Jain v. Union of India & Ors. relied on
2020 Union of India & Another Etc. Etc. v. M/s V.v.f Limited & Another Etc. Etc. relied on
2020 Bengaluru Development Authority v. Mr. Sudhakar Hegde & Ors. relied on
2026 Canara Bank Overseas Branch v. Archean Industries Private Ltd. referred to
2025 Daivshala & Ors. v. Oriental Insurance Company Ltd. & Anr referred to
2025 Rakesh Bhanot v. M/s. Gurdas Agro Pvt. Ltd referred to
2025 Saranga Anilkumar Aggarwal v. Bhavesh Dhirajlal Sheth & Ors. referred to
2024 Brs Ventures Investments Ltd. v. Srei Infrastructure Finance Ltd. & Anr. referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2021 Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory v. Edelweiss Asset Reconstruction Company Limited through the Director & Ors. referred to
2021 P. Mohanraj & Ors. v. M/s. Shah Brothers Ispat Pvt. Ltd. distinguished

Of those, 4 relied on · 1 distinguished · 7 referred to

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