Supreme court
S. 9 IBC | Uncrystallized Damages From Breach Of Contract Not Operational Debt : Supreme Court
The Supreme Court on Wednesday (August 12) held that claims for damages arising from breach of contract cannot be treated as "operational debt" under the Insolvency and Bankruptcy Code, 2016, unless previously adjudicated and crystallized by a competent court. “It is a settled position of law that damages, whether liquidated or unliquidated, cannot be treated as operational debt unless and until they are assessed and crystallized by way of adjudication by a court of competent jurisdiction. We...
Arbitration | Post-Award Section 9 Application By Unsuccessful Party Maintainable In Exceptional Cases : Supreme Court
The Supreme Court on Tuesday (August 11) held that to prevent an award holder's enrichment of a bank guarantee while an award was under challenge, an interim relief under Section 9 of the Arbitration & Conciliation Act, 1996 can be extended on an award debtor's application to preserve the efficacy of the challenge in Section 34. A bench of Justice KV Viswanathan and Justice Alok Aradhe refused to interfere with the Delhi High Court's judgment, which had allowed the Respondent-award debtor's...
Trademark Suit | Defendant Can Cross-Examine Plaintiff On Period Of Brand Use Though Written Statement Not On Record : Supreme Court
The Supreme Court has held that a defendant in a trademark infringement suit can question the plaintiff during cross-examination about the documents showing when the disputed brand name was first used, even if the defendant's written statement has not been taken on record.A Bench of Justice JB Pardiwala and K Vinod Chandran set aside the High Court's order which had treated the question as a purely factual issue beyond the permissible scope of cross-examination and had directed that it be...
Enquiry Necessary To Dismiss Employee For Suppression Of Criminal Antecedents : Supreme Court
The Supreme Court on Tuesday (August 11) observed that the disclosure of criminal antecedents by an employee after joining service would not automatically result in dismissal. The Court held that before passing a termination order, the employer must conduct an enquiry to determine whether the suppression of criminal antecedents was deliberate and must record a finding that the continuation of the employee is unfeasible.“Termination is therefore not an automatic consequence of the disclosure of...
Supreme Court Daily Round-Up : August 11, 2026
Links to the reports of August 11 :Immediate FIR Must Be Registered For Every Missing Person, Irrespective Of Age Or Gender: Supreme Court Warns States'Supreme Sacrifice' : Supreme Court Grants ₹10 Lakh To Shaurya Chakra Awardee's WidowWest Bengal SIR | Can't Fix Timeline For Appellate Tribunals, Says Supreme Court; Seek Data On Appeal DisposalsSupreme Court Seeks Union's Response On Plea...
Supreme Court Restores Rape Case Acquittal As Forensic Evidence Contradicts Prosecution Version
The Supreme Court on Tuesday (August 11) restored the acquittal of a man for an offence of rape of a minor, holding that the absence of blood on the victim's clothes and the lack of any injury on her body, as reflected in the forensic and medical evidence, created a grave doubt about the prosecution's case. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Himachal Pradesh High Court's judgment which had reversed the trial court's decision of acquittal, and convicted...
Insider Trading Presumed When Person Having Confidential Information Trades; Loss Or Profit Irrelevant : Supreme Court
The Supreme Court on Tuesday (August 11) held that a mere possession of Unpublished Price Sensitive Information (UPSI) coupled with trading in securities during the UPSI period is sufficient to attract presumption for insider trading under the SEBI (Prohibition of Insider Trading) Regulations, 2015. Setting aside the Securities Appellate Tribunal's (SAT) order, a bench of Justice Sanjay Karol and Justice Augustine George Masih allowed the Securities and Exchange Board of India's (SEBI) appeal,...
4-Steps To Test If Criminal Case Can Be Quashed Based On Defence Material Before Trial : Supreme Court Explains
The Supreme Court has reiterated that criminal proceedings can, in exceptional cases, be quashed at the pre-trial stage on the basis of defence material or official records, where such material is of an unimpeachable nature and demonstrates that continuation of the prosecution would amount to an abuse of the process of court.In its judgment in Rahul v. State of Uttar Pradesh, pronounced on...
No Inflexible Rule That Alibi Can Be Proved Only In Trial : Supreme Court Quashes S. 498A IPC Case Against BSF Personnel
The Supreme Court on Tuesday (August 11) held that the documentary evidence, including official service records establishing the accused's absence from the place of occurrence, constitutes unimpeachable material that can be considered at the threshold stage for quashing of the criminal case. The Court said that the rule that an accused must ordinarily prove alibi during trial is not...
Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence
While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters:...