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S. 60(5)(c) IBC | NCLT Cannot Decide Trademark Ownership Dispute Which Isn't Related To Insolvency Proceedings: Supreme Court
The Supreme Court has held that the National Company Law Tribunal (NCLT), while exercising jurisdiction under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), cannot adjudicate disputed questions of title to intellectual property if such determination goes beyond the scope of the approved resolution plan.The Court held that NCLT cannot decide title disputes over assets,...
Supreme Court Declines Plea Seeking Reservation For Advocates From Scheduled Castes & Scheduled Tribes In Bar Councils
The Supreme Court today declined to issue directions for reservation for Scheduled Caste and Scheduled Tribe advocates in elections of State Bar Councils and the Bar Council of India, holding that such a measure can be provided only through a statutory amendment.A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi stated, “It is not in dispute that such...
Digitize Land Records Using Tamper-Proof Technology Like Blockchain : Supreme Court Suggests To Govts
The Supreme Court on Thursday (January 22) urged the Union and State Governments to adopt secure, tamper-proof technologies such as Blockchain for digitising land records, to prevent forgery, and minimise prolonged litigation arising from disputes over the authenticity of property documents. “this Court deems it necessary to suggest to the Union and State Governments the urgent need for...
Bhojshala Temple - Kamal Maula Dispute : Supreme Court Directs MP High Court To Unseal ASI Survey Report
The Supreme Court on Thursday disposed of an appeal arising from the Madhya Pradesh High Court's order directing the Archaeological Survey of India to carry out a scientific survey at the disputed Bhojshala Temple cum Kamal Maula Mosque complex to determine the real and true character of the site.A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice...
Supreme Court Rejects Taekwondo Federation Of India's Plea Against Delhi HC Bar On Acting As National Sports Federation
The Supreme Court yesterday refused to interfere with the decision of the Delhi High Court, which held that until the Union Government decides on the recognition of the Taekwondo Federation of India as a National Sports Federation (NSF), neither the Taekwondo Federation of India nor Taekwondo India will act as the NSF. To briefly state, the issue pertains to the recognition of 'Taekwondo...
Release On Probation In Criminal Case No Ground To Reduce Punishment In Departmental Proceedings : Supreme Court
Observing that release on probation does not wipe out the stigma of conviction, the Supreme Court set aside the Madras High Court's decision that reduced a workman's punishment merely because he was granted the benefit of probation in criminal proceedings. “…the High Court has fell into error by observing that the conviction of the workman herein shall not be a disqualification and...
Supreme Court Reserves Judgment On Plea Seeking Alternatives To Hanging For Death Penalty Execution
The Supreme Court today reserved orders in a public interest litigation seeking abolishment of death-by-hanging.A bench of Justices Vikram Nath and Sandeep Mehta reserved the order after hearing Attorney General R Venkataramani, Senior Advocate Meenakshi Arora (for Project 39A) and Advocate Rishi Malhotra (petitioner-in-person).During the hearing, Malhotra relied on a Law Commission of...
NGT Takes Suo Motu Cognizance Of Techie's Drowning In Noida Ditch, Says “Lapses By Authorities Led To Death”
The National Green Tribunal has taken suo motu cognizance of the death of a software engineer who drowned in a waterlogged trench in Noida, observing that lapses by authorities in taking remedial measures resulted in the fatal incident and that the matter indicates violation of the Environment (Protection) Act, 1986.A Bench headed by Justice Prakash Shrivastava, Chairperson, with Dr. A....
Can Special Intensive Revision Deviate From Rules? Procedure Must Be Transparent : Supreme Court To Election Commission
In the challenge to the SIR across various states, the Supreme Court yesterday observed that the ECI cannot have untrammelled and unregulated powers under Section 21(3) of the Representation of the People Act, 1950, which empowers the Commission to carryout an intensive revision "in such manner as it may think fit".The Court opined that such a 'manner' has to be within the...
West Bengal Govt, Governor Agree On 8 VC Appointments; Supreme Court Leaves Rest To Justice Lalit Committee
In the matter pertaining to the appointment of Vice Chancellors for West Bengal Universities, the State government and the Governor recently agreed on the recommendations of 6 more candidates as VCs.A bench of CJI Surya Kant and Justice Joymalya Bagchi was informed of the development by Senior Advocate Jaideep Gupta (for West Bengal government) and Attorney General R Venkataramani...
'Difficult For Court To Frame Pan-India SOP For Rallies' : Supreme Court Asks Petitioner To Approach MHA & ECI
The Supreme Court on Thursday disposed of a PIL seeking a Standard Operating Procedure for rallies, gatherings and demonstrations to avert stampede incidents, by allowing the petitioner to pursue the representation submitted by him before the Ministry of Home Affairs.The Court also gave liberty to the petitioner to submit the representation before the Election Commission of India for a...