Supreme court
Supreme Court Dismisses Axis Bank's Appeal, Upholds Condonation of Delay In CIRP By SBI Against Corporate Debtor
The Supreme Court today dismissed an appeal by Axis Bank Limited(appellant), thereby affirming the condonation of delay in initiating the Corporate Insolvency Resolution Process (CIRP) by the State Bank of India (SBI) against a corporate debtor under Section 7 of Insolvency and Bankruptcy Code(IBC), 2016.The Court observed, “For all reasons recorded above, no merit in appeal the same...
IBC- Admitting Claims After Resolution Plan Has Been Accepted By COC Would Make CIRP An Endless Process: Supreme Court
The Supreme Court on Monday said that admitting claims after the Resolution Plan has been accepted by the Committee of Creditors (COC) under Insolvency and Bankruptcy Code, 2016 (IBC) even though the Adjudicating Authority has yet to approve the plan, would make the Corporate Insolvency Resolution Process (CIRP) an endless process. The Apex Court was considering whether the claim pertaining...
Article 20(1) Of Constitution Doesn't Bar Retrospective Application Of Procedural Changes In Criminal Trial : Supreme Court
A Supreme Court constitution bench on Monday(September 11) reiterated that any change in procedure after an offence is committed would not be unconstitutional on grounds of the bar on the retrospective application of ex post facto laws contained in Article 20(1) of the Constitution, since procedural matters were not covered by the said clause. While holding that its...
Supreme Court Disapproves Of High Court Order Limiting Bail To Three Months
The Supreme Court recently disapproved of an order passed by a High Court which restricted the bail to a particular period."Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months", the Court observed in the case Ranjit Digal vs State of Odisha.In this case, the Orissa High Court granted interim...
Promotion Given To Employee Continuing In Service On Strength Of Interim Order Will Lose Effect Once Petition Is Dismissed : Supreme Court
If an employee who is continuing in service on the strength of an interim order gets a promotion, such promotion will get nullified once the interim order is dismissed, held the Supreme Court recently.The Court was considering a challenge to a judgment passed by the Division Bench of the Allahabad High Court, as a result of which the services of the petitioner, a temporary Collection Peon,...
DBS Bank Directors Can't Be Prosecuted For Acts Of Lakshmi Vilas Bank Before Amalgamation : Supreme Court Quashes Criminal Case
The Supreme Court today ruled that DBS Bank and its directors, who were appointed after the amalgamation with Lakshmi Vilas Bank(LVB) and had their appointments approved by the Reserve Bank of India (RBI), cannot be held criminally liable for actions attributed to erstwhile directors of LVB.The Court held, “In the present context, public confidence in the banking system was at stake when...
It Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence : Supreme Court
The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police.A bench of Justices BR Gavai and Prashant Kumar Mishra made these observations while deciding a bail application...
Public Servants Lose Immunity In Pre-2014 Corruption Cases; Supreme Court Clarifies That Striking Down Of Sec 6A DSPE Act Has Retrospective Effect
In a significant development, a constitution bench of the Supreme Court on Monday declared that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. This means that Section 6A is held to not be in force right from the date of its insertion.Section 6A of the DSPE Act required the Central Bureau...
Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings
Appointment and RTI mattersSupreme CourtAppointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was VagueThe Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw (SC) 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or...
Supreme Court Refuses To Hold Pharma Company Liable For Not Mentioning Adverse Reaction Of Vaccination, Says Doctor Should've Advised Patient
The Supreme Court has upheld an order of the National Consumer Disputes Redressal Commission (NCDRC) where the Commission had held that no case of deficiency of service or defect was made out against drug-manufacturer, Glaxo Smithkline Pharmaceuticals Ltd, in relation to administration of vaccine Engerix-B.It was the case of the complainant that he along with his family members had got...