IBC | When Matter Heard But No Order Pronounced On The Same Day, Limitation To Commence From The Date When Order Gets Uploaded: Supreme Court

The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) hears a matter on a particular date but does not pronounce the order on the same date, then the limitation for filing an appeal from such order before the National Company Law Appellate Tribunal (“NCLAT”) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), would commence from the...

IBC | When Matter Heard On A Particular Date But Order Pronounced Later, NCLT Not To Affix Date Of Hearing On Order: Supreme Court

The Supreme Court has held that when a matter is heard by the National Company Law Tribunal (“NCLT”) on a particular date but the order is pronounced on another date, then NCLT must refrain from affixing the date of hearing on the order. The requirement of pronouncement of order cannot be dispensed with, since under the NCLT Rules, 2016 there is a distinction between 'hearing'...

ED Needn't Give Reasons In Writing To Accused At Time Of Arrest, Can Give Within 24 Hrs; 'Pankaj Bansal' Doesn't Apply Retrospectively: Supreme Court

The Supreme Court on Friday (December 15) held that its judgment in Pankaj Bansal v. Union of India which held that the Directorate of Enforcement (ED) must furnish the grounds of arrest to the accused in writing does not apply retrospectively.A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma held that non-furnishing of grounds of arrest till the date of pronouncement in...

Tribunal Cannot Direct Framing Of Policy By Government: Supreme Court Sets Aside AFT Direction On JAG

The Supreme Court on Thursday (14.12.2023) held that a Tribunal subject to the High Court's jurisdiction under Article 226, cannot be permitted by law, to direct the framing of a policy by the Government. A bench of Justice Abhay S Oka and Justice Sanjay Karol was considering whether the Armed Forces Tribunal (AFT) could have issued a direction to the Government to frame a policy for filling...

Mere Absconding By Accused & Remaining Untraceable For Long Can't Establish Guilt : Supreme Court

The Supreme Court on Tuesday (12.12.2023) 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.The prosecution contended...

'Can't Entertain Every Dispute Between Delhi Govt & LG' : Supreme Court Asks DCPCR To Approach Delhi HC

The Supreme Court today (15.12.2023) remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 petition before the Supreme Court. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Delhi Commission of Protection of Child Rights (DCPCR) over the alleged...

Supreme Court Grants Extension To Maharashtra Speaker Till January 10 2024 To Decide Shiv Sena Disqualification Pleas

The Supreme Court today granted an extension to the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift by January 10, 2024. It may be recalled that earlier, the Apex Court had directed for the pleas to be decided by December 31, 2023. Appearing before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice...

Krishna Janmabhoomi Case | Supreme Court Refuses Oral Plea To Stay HC Order Appointing Commissioner To Inspect Shahi Eidgah Mosque

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Friday (December 15) refused an oral plea raised by the Mosque committee to stay the order passed by the Allahabad High Court yesterday allowing an application for the appointment of a court commissioner for the inspection of the mosque.A bench of Justices Sanjiv Khanna and SVN Bhatti...

Supreme Court To Hear Mahua Moitra's Plea Against Expulsion From Lok Sabha On January 3

The Supreme Court on Friday (December 15) adjourned until January 3 the hearing of Trinamool Congress leader Mahua Moitra's plea against her recent expulsion from the Lok Sabha over allegations of unethical conduct. A bench of Justices Sanjiv Khanna and SVN Bhatti was hearing Moitra's writ petition challenging her expulsion from the Indian parliament's lower house. The former Member of...

PMLA | Courts Not Obliged To Grant Bail Just Because Accused Is A Woman; First Proviso To S.45 Not Mandatory : Supreme Court

Yesterday, while dismissing the bail plea of Saumya Chaurasia, the-then deputy secretary to former Chhattisgarh Chief Minister Bhupesh Baghel, in a money laundering case, the Supreme Court observed that nowadays educated and well-placed women in the society engage themselves in commercial ventures and enterprises, and advertently or inadvertently engage themselves in illegal activities. The...

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an appeal is maintainable, by-passing the same,...

Supreme Court(2:1 Majority) Suspends Conviction Of BSP MP Afsal Ansari; Dissenting Judge Says Impact On Electorate Can't Be Considered

The Supreme Court, by 2:1 majority, on Thursday(December 14) suspended the conviction of BSP MP Afzal Ansari in a case under the UP Gangster Act case, paving the way for the restoration of his membership in the Lok Sabha. Though, the Court held that legislator from Ghazipur constituency can attend the House proceedings, he will not be able to cast his votes or draw perks or monetary...