Supreme court
Guarantor Whose Guarantee Stands Invoked By Any Creditor Barred From Giving Resolution Plan, Though Insolvency Initiated By Another Creditor: SC On Sec 29A(h) IBC
The Supreme Court has delivered an important judgment interpreting the scope of Section 29A(h) of the Insolvency and Bankruptcy Code. Section 29A IBC specifies the categories of persons who are not eligible to be resolution applicants.Sub-section (h) of Section 29A refers to persons whose guarantees stand invoked by the creditors of the corporate debtor. The exact wordings of the provision are...
'Probability Of Reformation & Rehabilitation': Supreme Court Commutes Death Sentence Of Man Convicted Of Rape & Murder Of 11 Year Old Girl
The Supreme Court commuted death sentence awarded on a man convicted of rape and murder of eleven year old girl.The court, however, took into account 'the barbaric and savage manner in which the offences of rape and murder were committed', sentenced him to life imprisonment for a period of 30 years during which he shall not be granted remission.Bhagwani was convicted and sentenced to death by...
ORDER XXXVII Rule 3 CPC- Grant Of Leave To Defend Is The Ordinary Rule; Denial An Exception: Supreme Court
The grant of leave to defend (with or without conditions) is the ordinary rule; and denial of leave to defend is an exception, the Supreme Court observed in a judgment in which it discussed the scope of Rule 3 of Order XXXVII of the Code of Civil Procedure 1908.The bench comprising Justices Vineet Saran and Dinesh Maheshwari observed that a prayer for leave to defend is to be denied in...
Multiple FIRs Against Same Person In Different States : Supreme Court Suggests A Mechanism Similar To United States Judicial Panel On Multidistrict Litigation
On Tuesday, the Supreme Court suggested establishing a mechanism similar to the Judicial Panel on Multidistrict Litigation set up in the United States of America to, inter alia, resolve matters in which multiple FIR's are registered against a particular person in multiple States. The Apex Court has sought the Centre's response proposing solutions to tackle such multiplicity of...
Pregnant, Lactating Women Who Take COVID Vaccination Made Aware Of Likely Side Effects : Centre Tells Supreme Court
The Central Government has told the Supreme Court that all pregnant and lactating women who avail COVID-19 vaccination are made aware of the possible side effects of vaccines.The Centre has filed an affidavit in response to the suggestions given by the Delhi Commission for Protection of Child Rights to strengthen the mechanism to vaccinate pregnant and lactating women against...
Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court
The Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance. A bench of Justices Sanjay Kishan Kaul and M.M. Sundresh, setting aside a judgment of the Madras High Court, observed: "...it is...
Supreme Court Seeks Union's Response On Plea For Higher Women Intake In NDA, RIMC & Sainik Schools
The Supreme Court on Tuesday sought the response of the Union Government regarding the intake of women candidates in National Defence Academy, Rashtriya Indian Military College, Rashtriya Military Schools and Sainik Schools for 2022 admissions.A bench comprising Justice Sanjay Kaul and MM Sundresh issued notice to the Union on an application that pointed out that even for the NDA I - 2022...
If Fraudulent Affairs Of Company Are Continuing, Right To Seek Winding Up Becomes Recurring : Supreme Court In Antrix-Devas Case
"The main departure of the Companies Act, 2013 from statutory regime of the Companies Act, 1956 is specific inclusion of fraud 'directly' as a circumstance in which a Company could be wound up"
Supertech Tells Supreme Court That It Has Forwarded Cheques For Payment To Homebuyers
After the Supreme Court warned its directors of jail for contempt last week, real estate giant Supertech informed on Monday that they worked out the amount payable to the contempt petitioners and forwarded the cheques for the same to the Amicus Curiae on Saturday itself.It was further told that if they receive the particulars of bank accounts of the home-buyers, they will make RTGS remittances...
"Don't Come Up Against Adjournment Orders": Supreme Court Discourages Challenging Adjournment Orders Passed By High Courts
On Monday, the Supreme Court expressed its displeasure to Counsels approaching it assailing adjournment orders passed by High Courts. The Apex Court was perturbed that everyday it comes across four to five matters challenging the adjournment orders. A Bench comprising Justices L. Nageswara Rao and B.V. Nagarathna was hearing a challenge to the adjournment order passed by the...