Top Stories
Supreme Court Monthly Digest: February 2021
JUDGMENTS 1. Collusive Commercial Transactions With Corporate Debtor Will Not Constitute 'Financial Debt' Under IBC: Supreme Court [Case: Phoenix Arc Private Limited v. Spade Financial Services Limited; Citation: LL 2021 SC 55] A Bench comprising of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee held that collusive or sham transactions with a corporate debtor will...
"You Have To Re-establish Your Credibility With Your Own Court, We Will Keep The Contempt Hanging On Your Head":Supreme Court To Adv Yatin Oza
The Supreme Court on Wednesday ventured if the lifetime ban imposed on Mr. Yatin Oza to practice as a senior counsel can be kept in abeyance after the expiry of one year from when the full court of the Gujarat High Court had resolved to withdraw his designation, for 2-3 periods of six months each, during which the matter shall remain pending before the Supreme Court to monitor his conduct."We...
Section 138 NI Act : Supreme Court Forms Committee To Suggest Steps For Expeditious Trial Of Cheque Dishonour Cases
A Constitution Bench of the Supreme Court has on Wednesday directed the formation of a Committee under Chairmanship of former Bombay High Court judge Justice RC Chavan to consider steps to be taken for expeditious disposal of cheque bounce cases under Section 138 of the Negotiable Instruments Act. A Constitution Bench led by CJI Bobde found it appropriate to form a committee...
Breaking: Kerala High Court Issues Notice On LiveLaw's Plea Challenging New IT Rules; Orders No Coercive Action
The Kerala High Court on Wednesday issued notice to the Central Government on a writ petition filed by LiveLaw challenging the constitutional validity of Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, notified by the Centre on February 25, as imposing "arbitrary, vague,disproportionate and unreasonable" restrictions on digital news media...
Supreme Court Issues Notice In PIL Seeking Directions To Allow Female Candidates To Join And Train At National Defence Academy
Supreme Court has on Wednesday issued notice in plea seeking directions for necessary steps to be taken to allow eligible female candidates to appear for the National Defence Academy and Naval Academy Examination and train at the National Defence Academy;A three-judge Bench of CJI SA Bobde, Justice Bopanna and Justice Ramasubramanian issued the direction while hearing a public interest...
Breaking: Delhi Court Stays Search Warrant Issued By Delhi Police Special Cell Against Advocate Mehmood Pracha Till 12th March
A Delhi Court on Wednesday stayed the operation of the search warrant issued by Delhi Police's Special Cell against Advocate Mehmood Pracha till the pendency of his application. The matter will be heard next on 12th March 2021.Chief Metropolitan Magistrate Pankaj Sharma stayed the operation of search warrant after hearing Advocate Mehmood Pracha and Special Public Prosecutor Amit...
Limitation Period For Filing 'Section 11' Application Seeking Appointment Of Arbitrator Governed By Article 137 Limitation Act: Supreme Court
The period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act would be governed by Article 137 of the First Schedule of the Limitation Act, and will begin to run from the date when there is failure to appoint the arbitrator, the Supreme Court held.In rare and exceptional cases, where the claims are ex facie time barred, and it is manifest that...
DRI Not 'Proper Officer' Under Section 28(4) Customs Act; Has No Power To Recover Duties : Supreme Court
The Supreme Court has held that the officers of Directorate of Revenue Intelligence(DRI) are not 'proper officers' within the meaning of Section 28(4) of the Customs Act, who are empowered to undertake process or recovery of duties.The Court observed that only an officer who did the assessment, can undertake re-assessment under Section 28 (4) of the Customs Act.The issue considered by the...
SC Seeks Centre's Response In Plea Challenging Notification That States No Environmental Appraisal Required For Road Expansion Projects Of Less Than 100 Km
Supreme Court has on Tuesday issued notice in Advocate Prashant Bhushan's plea challenging government notification that states that road expansion projects less than 100 km in length would not require any environmental appraisal. A three-judge Bench of Chief Justice of India SA Bobde Justices AS Bopanna and V Ramasubramanian issued the direction while hearing a case against the felling...
Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To Rebut Presumption Under Section 139 NI Act: Supreme Court
The statement of the accused recorded under Section 313 of the Code of Criminal Procedure is not a substantive evidence of defence to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheques were issued for consideration.In this case, the bench comprising Justices Indu Malhotra and Ajay Rastogi was considering an appeal against the judgment of...
ADR Moves Supreme Court Seeking Stay On Further Sale Of Electoral Bonds Ahead Of Assembly Elections In Kerala, West Bengal, TN Etc.
Citing 'serious apprehension' that any further sale of Electoral Bonds before the upcoming state elections in West Bengal, Tamil Nadu, Kerala and Assam, would further increase illegal and illicit funding of political parties through shell companies, the Association for Democratic Reforms has moved the Supreme Court seeking stay on further sale of EBs. The application for directions...