Treating Homebuyers As Financial Creditors Not Arbitrary : SC Upholds 2018 IBC Amendment [Read Judgment]

Dismissing a bunch of petitions filed by nearly 200 realtors, the Supreme Court on Friday upheld the amendments made to the Insolvency and Bankruptcy Code in 2018 to treat homebuyers as financial creditors.In the judgment titled Pioneer Urban Land and Infrastructure Ltd and Anr vs Union of India, the bench of Justices R F Nariman, Sanjiv Khanna and Surya Kant held that the amendments do...

When Can 'Group Of Companies' Doctrine Be Invoked To Bind Non-Signatory Company To Arbitration? SC Explains [Read Judgment]

The Supreme court, in a judgment delivered on Thursday, explained the circumstances in which the 'Group of Companies' Doctrine could be invoked to bind the non-signatory affiliate of a parent company to an arbitration?The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra observed in Mahanagar Telephone Nigam Ltd vs. Canara Bank that the 'Group of Companies' Doctrine could...

Filing Of Criminal Complaint For Settling Civil Dispute Is Abuse Of Process Of Law: SC [Read Judgment]

The Supreme Court has observed that filing of criminal complaint for settling a dispute of civil nature is abuse of process of law. The Three judge bench comprising of Justice Arun Mishra, Justice S. Abdul Nazeer and Justice MR Shah observed thus while setting aside a High Court order issuing directions in a writ petition filed by the complainant. (Commissioner of Police vs....

[Ayodhya Hearing][Day 3] 'Ram Janma Sthan Is A Juridical Person', Senior Adv Parasaran Submits For Deity

"The question has been if its a temple or a mosque. (Either way) it is one integrated entity. You can't say that physically 'you take this', 'you take this'. You can't partition an institution or bisect it", began Senior Advocate K. Parasaran for Ram Lalla on Day 3 of the hearing in the Ram Janmabhoomi-Babri Masjid dispute. He mentioned the tale of King Solomon who was faced with two...

SC Commences Hearing On Pleas Against RBI Circular Banning Cryptocurrency

The Supreme Court Thursday commenced final arguments on a batch of pleas challenging a Reserve Bank of India circular prohibiting banks and financial institutions from providing services in relation to cryptocurrencies.Cryptocurrencies are digital currencies, in which encryption techniques are used to regulate the generation of the currency units and verify the transfer of funds,...

SC To Decide If Schools Affiliated To International Boards Come Under Right To Education Act

The Supreme Court bench of Justices A M Khanwilkar and Dinesh Maheshwari has issued notice on a petition filed by an eleven year old child raising the issue whether a school affiliated to an International Board will come under the purview of Right To Education Act, 2009 (RTE). The petitioner, Master Rajpurohit Ridham Devichand, was a student of Ajmera Global School, which is affiliated...

Legal Scholar And IDIA Founder Professor Shamnad Basheer Passes Away

(Updated)Acclaimed legal scholar Professor Shamnad Basheer, 43, was found dead near Chickmagalur in Karnataka today.He had gone to Bababundangiri on Monday and is suspected to have asphyxiated in his car, as per a report in The New Minute. The police believe that he may have slept off in the car with the heater on.According to the police, he reached Chikkamagaluru on July 31 and on the third...

Unlawful Assembly-Trial Of Offence U/s 149 IPC Not Illegal Merely Because Section 141 IPC Was Not Invoked: SC [Read Judgment]

The Supreme Court has observed that as long as the ingredients of unlawful assembly are met, Section 149 of the Indian Penal Code can be invoked and non invocation of Section 141 IPC would not render the trial under Section 149 IPC illegal.Section 149 IPC states that every member of unlawful assembly can be guilty of offence committed in prosecution of common object. Section 141 defines...

"Is UN Going To Stay Our Const.Amendment?" SC Declines Urgent Listing Of Plea Against Scrapping Of Art. 370

The Supreme Court has declined urgent listing of a petition, seeking to quash Constitution (Application to Jammu & Kashmir) Order, 2019, which scrapped the special status of J&K. The PIL was filed by serial petitioner M. L. Sharma alleging that the Order was unconstitutional and that the government should have taken the parliamentary route instead. The matter was mentioned...

Plea In SC Seeks Withdrawal Of Restrictions In J&K, Release Of Leaders

Activist Tehseen Poonawalla has moved the Supreme Court under Article 32 of the Constitution alleging gross Constitutional rights violations in the state of J&K. The petition alleges that in the backdrop of latest constitutional amendments introduced by Union of India with respect to J&K, the state has been imposed with undeclared curfew, shutdown of phone services and internet...

Woman Lawyer Shot Dead In UP : Third Incident In Last Two Months

Nutun Yadav, state government counsel of Uttar Pradesh, was shot dead at her official residence at Etah on Monday night, reports The Hindu.This is the third incident of murder of a woman lawyer in UP within two months.Yadav, 35, hailed from the Berhan area of Agra district and was posted as assistant prosecution officer at Jalesar court in Etah district. The police after...

[Ayodhya Hearing] [Day 2] 'Faith Itself Is Evidence That Sthan Is Lord Ram's Birth Place' : Deity Begins Arguments In SC

On Day 2 of the hearing in the Ram Janmabhoomi-Babri Masjid dispute, Senior Advocate Sushil Kumar Jain, for the Nirmohi Akhara (the plaintiff in Suit no. 3) resumed his argument that the suit is not barred by limitation. "In December, 1949 (after idols were installed inside the mosque), there was the preliminary order under section 145, Cr. P. C. of the City Judicial Magistrate,...