Topic
The Bombay High Court held IBC Section 96(4) applies retrospectively, lifting the interim moratorium on secured asset recovery from May 26, 2026. This lets banks and financial institutions enforce security interests in insolvency cases without the stay.
The Punjab & Haryana High Court ruled that the ART Act 2021's age limit for embryo transfer does not apply retroactively to embryos created before its enactment. The court held that denying transfer of pre-2022 embryos to a woman over 50 violates her reproductive rights under Article 21, setting a precedent for similar cases involving retroactive application of health laws.
The Chhattisgarh High Court has ruled that the enhanced minimum compensation of Rs. 5 lakh under the amended Section 163-A of the Motor Vehicles Act applies to accidents occurring before the 2018 amendment, as the change is substantive and beneficial. This decision significantly expands claimants' rights, ensuring fairer payouts for victims of older accidents where insurers previously relied on outdated limits.
Employers must recalculate gratuity arrears for employees whose service ended after 29 March 2018 under the enhanced Rs.20 lakh ceiling, with 6% interest from the due date. The ruling clarifies the retroactive effect of the 2018 amendment, impacting pending and future gratuity claims.
Punjab & Haryana High Court holds that enhanced compensation under Section 164 of the Motor Vehicles Act applies to pending claims, even if accident occurred before amendment.