'Nothing Has Happened' : Supreme Court Flays Maharashtra Speaker For Delaying Decision On Disqualification Petitions In Shiv Sena Matter

The Supreme Court on Monday (September 18) expressed disapproval of the delay by the Speaker of the Maharashtra Legislative Assembly in deciding the disqualification petitions arising out of the rift within the Shiv Sena party between the Uddhav Thackeray and Eknath Shinde groups.The Court said that the Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution...

Can't Get Into Rivalry Between NBDA & NBF, Want Self Regulatory Mechanism For TV News Channels Tightened : Supreme Court

The Supreme Court on Monday (September 18) orally said that it does not want to get caught up in the rivalry between rival news media organisations and that it was only concerned with giving the self-regulatory mechanism for TV channels "some teeth".This response of the Court came when the News Broadcasters Federation (NBF) questioned the locus standi of the News Broadcasters and...

Res Judicata Can't Be Decided In Application Under Order VII Rule 11 CPC As Previous Suit Documents Have To Be Seen : Supreme Court

The Supreme Court has recently reiterated that the principle of res judicata cannot be invoked as a ground for the rejection of a plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC). This decision, delivered by a bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal clarified the scope and application of Rule 11(d) of CPC and its relationship with the doctrine of...

Supreme Court Comes To Rescue Of Party Who Filed Cheque Bounce Case In Wrong Court After Noting He Got Incorrect Legal Advice

In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack of territorial jurisdiction.The Supreme Court invoked its special powers under Article 142 of the Constitution to transfer the case to the appropriate Court, after noting that the party did not receive...

'ED Targeting Political Opposition': Jharkhand CM Hemant Soren Urges Supreme Court To Monitor Enforcement Directorate's Functioning

Jharkhand Chief Minister Hemant Soren has moved the Supreme Court of India against the latest summons issued by the Enforcement Directorate (ED) in connection with a money laundering case. The chief minister and leader of Jharkhand Mukti Morcha (JMM) had earlier approached the apex court challenging the summons issued previously by the central agency, asking him to appear for...

In Suit For Passing Off, Plaintiff Required To Prove Figures Of Sale/ Advertisement Expenses To Establish Goodwill : Supreme Court

The Supreme Court has reiterated that in a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product. The Court was hearing an appeal against the decision of the High Court, who had stayed the execution of the decree passed...

Legal Heirs Of Former Ruler Entitled To Annuity After Privy Purse Abolition? Supreme Court Stays Kerala HC Order

The Supreme Court on Friday (15.09.2023), stayed the order of the Kerala High Court that had directed the State Government to pay annuity to the legal heirs of the Malayala Brahmin family that possessed sovereign rights over the territory of Paravur in present day Ernakulam district. A bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah issued notice in the appeal filed by the...

WB Registration Act | Registrar Cannot Exercise Power Of Substantive Review While Cancelling Society's Registration : Supreme Court

The Supreme Court has upheld the decision of the Calcutta High Court where it was held that the Registrar of Society can only cancel registration granted to a society under the West Bengal Registration Act, 1961, by exercising a power of procedural review. The High Court was of the view that there is a vital difference between a power of substantive review and procedural review, and the...

Criminal Liability Of Transferee Company For Acts Of Transferor Company After Amalgamation : Supreme Court Explains

The Supreme Court recently(11 Sep) emphasized that a company's criminal responsibility is recognized when it can be attributed to the actions of individual employees, directors, or officials. This approach aligns with previous legal precedents, including cases such as Tesco, Meridian Global Funds, Standard Chartered Bank, and Iridium, where corporate criminal liability was recognized based...

Lack Of Positive Viscera Report Not Conclusive Proof That Victim Didn’t Die Of Poisoning: Supreme Court Upholds Conviction In Dowry Death Case

The Supreme Court recently upheld the conviction of the appellants in a dowry death case, despite the absence of a positive viscera report. The case revolved around the death of Tuli Shah, who allegedly committed suicide due to harassment for dowry.The Court observed “Thus, the absence of detection of poison in the viscera report alone need not be treated as conclusive proof of the fact...

Sedition Law Challenge | Supreme Court Says 1962 Kedar Nath Singh Decision Didn't Consider Article 14 Aspect

In its recent order referring the batch of petitions challenging the constitutional validity of Sedition law under Section 124A of the Indian Penal Code to a bench of at-least five judges, the Supreme Court noted that the judgement in Kedar Nath Singh v. State of Bihar (1962), which had upheld the provisions of Section 124A, had not considered the aspect of Articles 14 of the Constitution in...

IBC | Cannot Ask Successful Resolution Applicant To Pay Arrears Payable By Corporate Debtor For Grant/Restoration Of Electricity Connection: Supreme Court

The Supreme Court has held that under the Insolvency and Bankruptcy Code, 2016 (“IBC”), once the Resolution Plan stands approved by the National Company Law Tribunal (NCLT), the Electricity Department cannot demand payment of arrears, which were payable by the Corporate Debtor, from the Successful Resolution Applicant for restoration/grant of electricity connection. The Bench...