IBC - Is Dissenting Financial Creditor Entitled To Minimum Value Of Security Interest? Supreme Court Refers To Larger Bench, Doubts Precedent

The Supreme Court has referred to larger bench the issue whether a dissenting financial creditor is to be paid the minimum value of its security interest as per the Insolvency and the Bankruptcy Code 2016.A bench comprising Justices Sanjiv Khanna and SVN Bhatti, in the case DBS Bank Ltd Singapore v. Ruchi Soya Industries Ltd and another, referred the following question : Whether...

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse...

High Courts While Exercising S.482 CrPC Power Legally Bound To See If Accusations Constitute Any Offence : Supreme Court

The Supreme Court (on December 14), while allowing an appeal seeking quashing of an FIR, opined that while exercising power under Section 482, CrPC, the High Court was legally bound to see if accusations constitute any offence or not.To provide a brief background, the complainant (second respondent) and appellant had a minor daughter. The appellant had already filed a petition for the...

Registered Sale Deed Operates From Date Of Execution When Entire Consideration Is Paid; Unilateral Changes After Execution Invalid : Supreme Court

The Supreme Court has held that changes made in a sale deed by one party unilaterally, after the registration of the deed and without the knowledge of the other party, have to be ignored.“In terms of Section 47 of the Registration Act, a registered sale deed where entire consideration is paid would operate from the date of its execution. Thus, the sale deed as originally executed will...

Investigate If Losses To Indian Investors Due To Short Selling In Adani Shares By Hindenburg & Others Violated Law : Supreme Court

While refusing to order an SIT probe into allegations levelled regarding stock price manipulations against the Adani Group in the Hindenburg Research Report, the Supreme Court today ordered the Securities and Exchange Board of India (SEBI) and the investigative agencies of the Union government, to probe into whether the loss suffered by Indian investors due to the conduct of the...

Adani-Hindenburg : Newspaper Articles & OCCRP Report Not Conclusive Proof To Doubt SEBI Probe, Says Supreme Court

While declining to order an investigation by a Special Investigation Team (SIT) into allegations levelled against the Adani Group in the Hindenburg Research report, the Supreme Court on Wednesday (January 3) refused to accept the reports published by newspapers and the Organized Crime and Corruption Reporting Project (OCCRP).The three-Judge bench of Chief Justice of India DY Chandrachud,...

Supreme Court Issues Guidelines To HCs On Summoning Govt Officials, Says Personal Presence Should Be Exceptional

The Supreme Court advised High Courts to refrain from oral remarks humiliating the officers and comments on their social background, dress etc.

Supreme Court Refuses SIT/CBI Probe In Adani-Hindenburg Case; Endorses SEBI Investigation, Regulations

The Supreme Court on Wednesday (January 3) refused to order a probe by a Special Investigation Team (SIT) or the Central Bureau of Investigation(CBI) into the allegations levelled in the Hindenburg Research report regarding stock price manipulations by the Adani group of companies.A three-Judge bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra...

'Candidature Can't Be Cancelled For Trivial Errors' : Supreme Court Gives Relief To Police Aspirant Who Gave Wrong Date Of Birth

The Supreme Court today allowed plea of a man, aspiring to become a Police Constable, whose candidature was cancelled by the respondent-authorities on account of an inadvertent error made by him while mentioning his date of birth in the application form. Directing the respondent-authorities to treat the appellant as a candidate who 'passed' the selection process, considering the...

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Once the date of trial is fixed, the trial should proceed accordingly to the extent possible, on day-to-day basis. (Para 2 (v)) Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 : 2023 INSC 948Code...

100 Important Supreme Court Judgments Of 2023 [All Parts]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Section 482 CrPC- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- Section 482 Of The Code of Criminal Procedure., 1973 Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings Case Title: Usha Chakraborty & Anr. Versus State of West Bengal & Anr., 2023 LiveLaw (SC) 67 Coram: Justices Ajay Rastogi and CT Ravikumar The Supreme...