CIRP Under IBC Can Continue Independent Of Winding Up Petition Pending In High Court : SC [Read Judgment]

Corporate Insolvency Resolution Process(CIRP) under the Insolvency and Bankruptcy Code (IBC) can continue independent of any pending winding up process against the corporate debtor pending in the High Court under the Companies Act, held the Supreme Court in a judgment delivered on January 22 by a bench of Justice R F Nariman and Navin Sinha.This came in the case Forech India Ltd vs...

Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment]

The Supreme Court has held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers.The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy ruled, "Even otherwise, no writ lies under Article 32 of the Constitution at the instance of any employee or the...

CJI Reconstitutes Ayodhya Bench: Justices Ashok Bhushan And Nazeer To Replace Justices Ramana And Lalit

The Chief Justice of India has reconstituted the constitutional bench hearing Ayodhya case by replacing Justices UU Lalit and NV Ramana with Justices Ashok Bhushan and S. Abdul Nazeer. Now the bench comprising CJI Ranjan Gogoi, Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S. Abdul Nazeer will hear the matter on 29th January 2019. Earlier this month, CJI...

Non-Disclosure Of Information Under RTI Act: SC issues Notice To RBI On Contempt Plea

The Supreme Court has issued notice to the Reserve Bank of India (RBI) on two contempt petitions filed against it for non-disclosure of information under the Right to Information (RTI) Act.Notice was issued by a bench headed by Justice L. Nageswara Rao on petitions filed by RTI activists Mr. Subhash Chandra Agrawal and Mr. Girish Mittal, both of them represented by Advocates Prashant Bhushan...

SC Directs Centre To Set Up Circuit Benches Of NCLAT Within 6 Months

In the judgment upholding the validity of Insolvency and Bankruptcy Code delivered today, the Supreme Court directed the Central Government to set up circuit benches of National Company Law Appellate Tribunal within 6 months from today.The bench of Justices R F Nariman and Navin Sinha issued the direction on the basis of undertaking made by Attorney General K K Venugopal(paragraph 16 of...

"Defaulter's Paradise Lost; Economy's Rightful Position Regained"; IBC Code Passes Constitutional Muster: SC

"We are happy to note that in the working of the Code, the flow of financial resource to the commercial sector in India has increased exponentially as a result of financial debts being repaid"

SC/ST Act: CJI To Consider Listing Of Centre's Review Petition And Challenge Against Amendments Together

The Supreme Court on Friday said it will consider listing the Centre's review petition against Judgment in Dr. Subhash Kashinath Mahajan case, and petitions challenging the amendments to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), together before an appropriate bench. A bench headed by Chief Justice Ranjan Gogoi said it will consider and do the...

Economic Reservation : SC Issues Notice On Petitions Challenging Constitution Amendment Giving EWS Quota

The Supreme Court bench of CJI Gogoi and Justice Sanjiv Khanna today issued notice in a petition challenging the Constitution(103rd) Amendment Act, enabling reservation for Economically Weaker Sections in higher education and public employment up to a limit of 10%.The bench declined interim stay of the amendment.The petition is filed by "Youth For Equality", an NGO, contending that the...

SC Acquits 3 Men Who Were Sentenced To Death Penalty, Commutes It For One [Read Order]

The Supreme Court on Wednesday acquitted three murder accused whose death penalty was confirmed by the Karnataka High Court. The three-judge bench comprising CJI Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna also commuted death penalty awarded to one accused to life imprisonment. Basavaraj, Yankappa, Ramesh and Palya were sentenced to death by the trial...

IBC : Supreme Court Upholds Validity Of Insolvency & Bankruptcy Code [Read Judgment]

The Supreme Court today upheld the constitutional validity of the Insolvency and Bankruptcy Code 2016 in its "entirety".The Court however held that to attract the bar under Section 29A from participating in resolution process, "related person" should be a person connected to the defaulting entity.The bench of Justices R F Nariman and Navin Sinha had reserved orders on January 15 on the...

Collegium System Needs Some Tweaking [Justice Madan Lokur In Conversation With Rajdeep-Full Video]

Former Supreme Court judge Justice Madan B. Lokur on Wednesday conceded that he is "disappointed" that the December 12, 2018 resolution of the Collegium, which comprised him, to elevate Rajasthan High Court Chief Justice Pradeep Nandrajog and Delhi High Court Chief Justice Rajendra Menon was subsequently "overruled with complete opaqueness". In conversation with senior journalist...

SC Refuses To Extend Deadline To Finalize Assam NRC Beyond July 31 [Read Order]

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice Rohinton Nariman on Thursday refused to extend the deadline for the publication of the final NRC for the state of Assam beyond July 31. State Coordinator Prateek Hajela had submitted that in view of the Parliamentary Elections that are likely to be held this year, the publication of the final NRC may stretch to the end...