Supreme court
Company Tribunal Not A Labour Court Or Administrative Tribunal To Focus Entirely On Removal Of Director : Supreme Court In Tata-Mistry Case
In the Tata Sons-Cyrus Mistry case, the Supreme Court observed that the Company Law Tribunal cannot interfere with the removal of a person as a Chairman of a Company in a petition under Section 241 of the Companies Act 2013, unless such removal was "oppressive or prejudicial".Under Section 241 of the Companies Act, the National Company Law Tribunal has jurisdiction to deal with an application...
Supreme Court 'Clarifies' Uttarakhand HC Directives For Streamlining Procedure For Withdrawal From The Prosecution
The Supreme Court has disposed a Special Leave Petition filed by Uttarakhand Government against certain directions issued by the Uttarakhand High Court for streamlining the procedure for withdrawal from the prosecution."If any aspect of the directions in the impugned order were to run contrary to the law laid down by this Court in the aforesaid judgments, naturally, the law laid down by...
Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony, Reiterates Supreme Court
The Supreme Court reiterated that only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. The bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy observed thus while dismissing the appeal filed by murder accused against the Judgment of Karnataka High Court which had reversed their acquittal by...
Supreme Court Extends Terms Of Members Of Second National Judicial Pay Commission
Supreme Court has on Friday directed that the term of the members of the Second National Judicial Pay Commission to be extended till 30th April 2021. The term of the Commission was scheduled to end on 31st March 2021. A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian extended the terms of Justice (Retd.) P.V. Reddy and Justice (Retd.) R. Basant till 30th April....
Intellectuals Should See How The Uniform Civil Code Works In Goa - CJI Sharad Bobde
Chief Justice of India, Sharad Arvind Bobde, on Saturday urged academics to watch how the Uniform Civil Code governs all Goans on issues of marriage and succession, irrespective of their religion. Speaking at the inauguration ceremony of the new Bombay HC building at Goa, the CJI said that the legacy of the administration of Justice at Goa, which spans four and a half centuries, must...
SC Grants Final Opportunity To Madhya Pradesh DGP To Arrest MLA's Husband Accused Of Murder; Warns Of Coercive Steps On Failure
In connection with Congress leader Devendra Chaurasia's murder in Damoh, Madhya Pradesh, the Supreme Court on Friday pulled up the state DGP over his failure to comply with its March 12 order to arrest the accused, BSP MLA Rambai Prajapati's husband Govind Singh.The bench of Justices D. Y. Chandrachud and M. R. Shah noted that an affidavit has been filed by the Director General of Police,...
Supreme Court Issues Notice On Plea For Deportation Of Illegal Immigrants Including Rohingyas
The Supreme Court on Friday issued notice on a PIL filed by BJP leader and Advocate Ashwini Upadhyay, seeking immediate steps for deportation of all illegal immigrants and infiltrators, including Bangladeshis and Rohingyas. A Bench comprising of CJI SA Bobde and Justices AS Bopanna and V. Ramasubramanian has tagged the plea with a writ petition field by Mohammed Salimullah in...
State Govt A 'Party Interested' Under Section 406 CrPC; Entitled To Seek Transfer Of Case From Another State : Supreme Court
The Supreme Court on Friday allowed the appeal filed by the Uttar Pradesh Government's plea seeking transfer of BSP MLA Mukhtar Ansari from Ropar Jail in Punjab to Uttar Pradesh's Ghazipur Jail. The Bench headed by Justice Ashok Bhushan directed that Ansari would be handed over to the custody of State of Uttar Pradesh within two weeks. "It is directed that Mukhtar Ansari is handed...
Cull Out Information From Bond Purchaser & Political Party; Do 'Match The Following' :SC Says Electoral Bond Anonymity Can Be Pierced
"All that is required is a little more effort to cull out such information from both sides (purchaser of bond and political party) and do some "match the following". Therefore, it is not as though the operations under the Scheme are behind iron curtains incapable of being pierced"
Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court
The Supreme Court observed that in any proceeding which is pending before the Adjudicating Authority under Section 7 of Insolvency and Bankruptcy Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard to the default and the debt being due from the corporate debtor, any application seeking reference to arbitration...
Insolvency Process Maintainable Against Corporate Guarantor Even If Principal Borrower Is Not A 'Corporate Person' : Supreme Court
'In law, the status of the guarantor, who is a corporate person, metamorphoses into corporate debtor, the moment principal borrower (regardless of not being a corporate person) commits default in payment of debt which had become due and payable"