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When Does Debt Become Financial Debt & Operational Debt Under IBC? Supreme Court Explains
In a significant development, the Supreme Court on Thursday (April 25) held that debt would be treated as an operational debt only if the claim subject matter of the debt has some connection or co-relation with the 'service' rendered by the creditor to the debtor."Where one party owes a debt to another and when the creditor is claiming under a written agreement/ arrangement providing...
Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider
The Supreme Court on Wednesday (April 24) decided to implead the Union of India as a party to the proceedings that involve the interpretation and consideration of consequences of the amendment made to Section 142A of the Negotiable Instruments Act.“Taking note of the fact that issue involved requires interpretation and also consideration of consequence of the amendment made to Section 142A of the Negotiable Instruments Act, we are of the considered view that Union of India is to be made a party...
Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books
The Supreme Court (on April 26) expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems. The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper exhibition of interlocutory applications (IA) numbers, and other ancillary issues. After outlining the...
Reasons Given By Supreme Court To Reject Manual Counting Of All VVPAT Slips
Delivering verdict on the pleas for 100% cross-verification of EVM data with VVPAT records, the Supreme Court has declined to increase the number of VVPAT slips undergoing count per assembly segment in a parliamentary constituency.As mentioned in the earlier reports, a bench of Justices Sanjiv Khanna and Dipankar Datta rendered two separate, concurring judgments in the matter. Although the prayers of the petitioners were rejected, two directions were passed relating to storage of Symbol Loading...
Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness
Today (on April 26), the Supreme Court, while hearing a matter in which a prosecution witness had levied allegations against police officials of assault, prima facie noted that it is not satisfied with the action taken by the Director General of Police (DGP), Rajasthan, in this regard. The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to a Rajasthan High Court order declining bail when it noted that though the prosecution witness in question...
Supreme Court To Consider Retired HC Judge's Plea Against Deduction Of Pension From Salary Drawn As Ombudsman After Retirement
The Supreme Court on Friday (April 26) issued notice in a matter concerning the issue of deduction of pension from the salary drawn in a post-retirement position of a former High Court Judge. The Court was considering the plea of Justice KK Denesan, a former judge of the Kerala High Court, who served as an Ombudsman under the Kerala Panchayat Raj Act from 2017 to 2020.The bench of CJI Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to consider the issue and observed : The...
LiveLaw Academy's Certificate Course On Constitution Of India 2024 with Adv. Avani Bansal
Click to Register now - https://rzp.io/l/kXwsn7jLHq"The experiment of democracy in India depends on how well we can preserve our constitutional foundations. So it is imperative that there is at least one constitutional expert in every home." - Adv. Avani BansalLaunching again on popular demand, a unique, comprehensive, online certificate course on: THE CONSTITUTION OF INDIA, with LiveLaw Academy. Who should apply?This course can be taken by anyone willing to read, understand and apply the...
Delhi Court Rejects BJP MP Brij Bhushan Singh's Plea For Further Probe Into Sexual Harassment Case, Order On Framing Of Charges On May 07
A Delhi Court on Friday dismissed an application moved by BJP MP and former Wrestling Federation of India President Brij Bhushan Singh seeking further investigation in the sexual harassment case filed against him by women wrestlers.Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot of Rouse Avenue Courts will now pronounce the order on framing of charges in the case on May 07.On April 18, the court had deferred order on framing of charges against Singh after the BJP...
EVMs Can't Be Tampered With, Return To Ballot Paper Will Undo Electoral Reforms: Supreme Court
Rejecting the petitions seeking 100% cross-verification of EVM data with VVPAT records, the Supreme Court has observed that the suspicions regarding EVM tampering are unfounded and reverting back to the ballot paper system, as prayed, would undo the reforms that have taken place over the years.The bench of Justices Sanjiv Khanna and Dipankar Datta pronounced the verdict earlier today, rendering two separate, concurring judgments. Although the prayers of the petitioners were rejected, the bench...
Supreme Court Refuses To Interfere With Requirement Of 3 Years Law Practice Or 70% Marks In LL.B For MP Civil Judge Post
The Supreme Court (today, April 26) declined to interfere with the Madhya Pradesh High Court's order upholding the rule that stipulated eligibility of at least three years of practice or 70 percent marks in law graduation for entry-level judicial service candidates in the State. After hearing the submissions, the Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra opined that there was no reason to interfere with the High Court's view and, thus, dismissed the Special Leave Petition...
Acceptance Of Resignation Results In Termination Of Employment, Non-Communication Of Acceptance To Employee Immaterial: Supreme Court
Taking note of prevalent service jurisprudence, the Supreme Court on Thursday (April 25) held that the employment is deemed to be terminated from the date on which the letter of resignation is accepted by the appropriate authority. The Bench comprising Justice PS Narasimha and Aravind Kumar observed that before the withdrawal of the resignation letter by the employee, if the resignation is accepted by the appropriate authority, then the non-communication of the acceptance of the resignation to...