Supreme court
Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
The Supreme Court (on December 01), while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. The matter concerns the conviction of the accused persons/ appellants under several provisions of the Indian Penal Code, 1860. Against this conviction, the appellants moved the Allahabad High Court. Therein, the Court had granted...
Sec 240A IBC | Even If MSME Registration Obtained Post Commencement Of CIRP, Promoter Eligible To Submit Resolution Plan: Supreme Court
The Supreme Court has held that the Promoter of a Corporate Debtor is eligible to submit a resolution plan in terms of Section 240A of the Insolvency and Bankruptcy Code, 2016 (“IBC”), even if the Corporate Debtor was registered as Micro Small Medium Enterprise (“MSME”) after commencement of Corporate Insolvency Resolution Process (“CIRP”).The Bench comprising Justice Sanjay...
Delay In Filing FIR Not Satisfactorily Explained Could Be Fatal To Prosecution Case: Supreme Court
The Supreme Court on Tuesday acquitted a man convicted by the High Court of Madras under Section 304 (culpable homicide not amounting to murder) of the IPC, holding that the prosecution was unable to establish the accusation against him beyond reasonable doubt. The Court said he was entitled to be acquitted as it is what the justice of the case demands.A bench of Justice BR Gavai,...
IBC | Cut-Off Date To Determine Resolution Applicant's Eligibility Under S.240A Is Date Of Submitting Resolution Plan : Supreme Court
The Supreme Court has held that for the purpose of Section 240A of Insolvency and Bankruptcy Code, 2016 (“IBC”), the cut-off date to determine the eligibility of a resolution applicant to submit a resolution plan, is the date on which the resolution plan was submitted and not the date on which Corporate Insolvency Resolution Process (“CIRP”) commenced.The Bench comprising Justice...
Non Stamping Of An Agreement A Curable Defect, Only Makes A Document Inadmissible & Not Void: Supreme Court
On December 13, the Supreme Court ruled that arbitration clauses in unstamped or inadequately stamped agreements were enforceable. In doing so, the Court overruled the judgment rendered by a 5-judge bench in April this year in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors which had by a 3:2 majority held that unstamped arbitration agreements are not...
Kerala Govt Moves Supreme Court Against Centre Limiting State's Borrowing Capacity, Alleges Violation Of Fiscal Federalism
The State of Kerala has filed an original suit in the Supreme Court against the Union of India for imposing limits on the State's borrowing capacity. The State Government has said that the Centre has lowered the borrowing limit of the state, which can potentially lead to a grave financial crisis in the State. The Union's interference by the imposition of borrowing ceiling violates the...
Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision
A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence. However, it is a curable defect as per the Indian Stamp Act, the Court pointed out.The Court overruled the...
Motor Vehicles Act : Supreme Court Directs NALSA To Prepare Scheme For Implementation Of Amended MV Act And Rules
The Supreme Court has directed the National Legal Services Authority (NALSA) to prepare a scheme with suggestions for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The order was passed by a bench of Justice J K Maheshwari and Justice K V Viswanathan that has been hearing a matter related to the implementation of the amended Motor Vehicles Act and...
NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court
The Supreme Court on Monday (December 11) adjourned the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest.A bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra was hearing the special leave petitions by the duo assailing a decision of the Delhi High Court upholding their arrest by the...
Impossible To Get Accurate Data On Illegal Migrants, They Enter In Clandestine Manner : Centre Tells Supreme Court
The Centre on Tuesday (12.12.2023) filed an affidavit furnishing the details on illegal immigrants and those who have been granted citizenship in light of S.6A of the Citizenship Act, 1955.On December 7, the Court had directed the Ministry of Home Affairs to furnish data regarding the inflow of illegal migrants to Assam and North Eastern states after March 25, 1971 (post the declaration...
Article 370 Judgment | Constitution Amendments Through Circuitous Manner Not Permissible; Article 368 Procedure Must Be Followed : Supreme Court
In the Article 370 case, the Supreme Court categorically held that amendments to substantive provisions of the Constitution cannot be made by executive notifications. The amendments to Constitutional provisions have to be carried out by following the procedure prescribed under Article 368, that is by passing an amendment bill in the Parliament with the backing of the prescribed...
Article 370 Judgment | Why Supreme Court Upheld Repeal Of J&K Special Status Despite Invalidating Changes To Article 367? Explained
A Constitution Bench of the Supreme Court yesterday upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. While doing so, the bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant held that the Constitution (Application to Jammu...