Section 18 Limitation Act Is Applicable To IBC Proceedings, Reiterates Supreme Court

The Supreme Court observed that the provisions of Section 18 of the Limitation Act are applicable to proceedings under the Insolvency and Bankruptcy Code, 2016.An acknowledgement in a balance sheet without a qualification can furnish a legitimate basis for determining as to whether the period of limitation would stand extended, so long as the acknowledgement was within a period of three...

Breaking: [Gyanvapi Mosque Shiv Ling Claim] Supreme Court Adjourns Hearing For Tomorrow, Directs Varanasi Court To Desist From Taking Further Action Till Then

The Supreme Court will hear today the Masjid Committee's plea challenging the survey ordered by a Varanasi Court in Gyanvapi mosque complex.A Varanasi Court directed the sealing of a spot in the Gyanvapi Mosque complex after being told that a Shiva Linga was found inside premises by the court-appointed Advocate Commissioner during the survey.Anjuman Intezamia Masajid Management Committee...

Unitech: Supreme Court Directs Web Portal To Be Kept Open For Further 4 Weeks To Facilitate Refunds To Homebuyers

To facilitate refunds for the homebuyers of Unitech, the Supreme Court on Wednesday asked the appointed amicus to open the Web Portal for a further period of 4 weeks which was earlier directed to be only opened till May 15, 2022. The bench of Justices DY Chandrachud and MR Shah in their order said, "Portal may be kept open for a further period of 4 weeks to allow the home buyers...

Power To Commute Sentence Imposed Under Section 302 IPC Is With State Govt And Not Union : Supreme Court

The Supreme Court, on Wednesday, while exercising power under Article 142 of the Constitution to release A.G. Perarivalan, one of the convicts in Rajiv Gandhi's assassination, restated that Governor has the power under Article 161 to remit/commute/pardon sentences imposed under Section 302 of the Indian Penal Code, 1860, since the executive power of the State extends to the...

SARFAESI Proceedings Cannot Be Continued Against Corporate Debtor Once CIRP Is Admitted And Moratorium Is Ordered: Supreme Court

The Supreme Court observed that the proceedings under the SARFAESI Act cannot be continued once the CIRP is initiated and the moratorium is ordered.The bench comprising Justices L. Nageswara Rao and B R Gavai noted that, in such a situation, any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under...

'Governor Bound By State Cabinet's Advice For Sentence Remission Under Article 161' : Supreme Court Criticises TN Governor In Perarivalan Case

While releasing A.G. Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, the Supreme Court, on Wednesday, expressed concern that the remission petition of Perarivalan and the recommendation of the Tamil Nadu Cabinet was pending with the Governor for almost two and half years, before it was referred to the President. In this regard, the Bench observed...

AIFF: Supreme Court Adds Former SC Judge To Committee Of Administrators Of All India Football Federation

In order to facilitate the holding of elections and handing over the affairs to democratically elected body in terms of the Constitution of All India Football Federation which will be adopted, the Supreme Court on Wednesday re-constituted the Committee of Administrators of AIFF. Along with Dr SY Qureshi (former Chief Election Commissioner) and Mr Bhaskar Ganguly, Former Captain of...

"Low Case Load": Supreme Court Dismisses Plea To Establish NGT Benches In Every State

In its judgment upholding constitutionality of Section 3 of the National Green Tribunal Act 2010, the Supreme Court also observed that the seat of the NGT benches can be located as per exigencies and it is not necessary to locate them in every State. If the NGT Benches are set up in all 28 States and 8 union territories as is suggested, the judges and other members in these forums might be...

Appointment Of A New Arbitrator Who Holds Proceedings At A Different Location Would Not Change Jurisdictional 'Seat' Already Fixed By Earlier Arbitrator : Supreme Court

The Supreme Court observed that the appointment of a new arbitrator who holds the arbitration proceedings at a different location would not change the jurisdictional 'seat' already fixed by the earlier or first arbitrator.The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held, the bench of Justices Ajay Rastogi and Sanjiv...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-116]

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Nature Of Feedback About Candidates For Judgeship Dependent On Who Is Asked : Justice Chandrachud

Justice DY Chandrachud on Tuesday observed that the nature of feedback received about a candidate who is being considered for appointment as a judge is subjective and is dependent on the person who is asked.The remark was made by Justice Chandrachud drawing on his experience presently as a member of the Supreme Court Collegium and earlier as the Chief Justice of the Allahabad High Court."I...

NEET SS 2021 : Supreme Court Dismisses MD/MS Doctors Plea Seeking Reduction Of Eligibility Cut Off

The Supreme Court on Wednesday dismissed a writ preferred by MD/MS Doctors seeking a reduction of eligibility cut off for qualifying for registering and appearing for the Mop-Up/Stray Vacancy round being organized by the Medical Counseling Committee ("MCC") for NEET SS 2021.The Court had earlier dismissed a similar plea by a University.The bench of Justices DY Chandrachud, Surya Kant and...