Important Supreme Court Judgments On Insolvency & Bankruptcy Code

Insolvency and Bankruptcy Code was enacted in 2016. Though it received the assent of the President of India in May 2016, it came into force only in November-December 2016. Stated objective of the code is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value...

Should Proceedings In New Court Where 'Returned' Plaint Is Filed Be Started De Novo? SC Refers To Larger Bench [Read Order]

"We see no justifiable reason why the proceedings which may have taken place in a Court even if it has no jurisdiction, cannot be transferred to the new Court having jurisdiction."

Sexual Harassment Complaint: Can HC Transfer Investigation To Another State ? SC To Examine [Read Order]

Does a High Court has jurisdiction to transfer the proceedings for enquiry into the complaint of sexual harassment and investigation in FIR to another State? The Supreme Court will examine. The bench of Justice Indu Malhotra and Justice Subhash Reddy issued notice in a special leave petition filed against a Madras High Court order. A lady police officer (Superintendent of Police) had filed...

Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Can a non-lawyer appear on behalf of a litigant in a court of law? Or Can a litigant engage a person who is not a lawyer to represent him/her before a court of law? This piece attempts to answer these queries.Statutory Scheme Section 30 of the Advocates Act gives statutory right to every advocate whose name is entered in the [State roll] the right to practise in all courts including...

Breaking - Aarey Case : SC Orders Status Quo On Cutting Of Trees For Mumbai Metro Car Shed [Read Order]

The special vacation bench of the Supreme Court on Monday ordered status quo on felling of trees in Aarey colony in Mumbai suburbs till further orders.This was after Solicitor General Tushar Mehta, appearing for Maharashtra Government, undertook that no further trees will be cut and that the legality of the tree felling which already took place can be decided by the environment bench after...

Unfortunate That Lawyers Cite 'Overruled' Judgments, Says Supreme Court

"It is unfortunate that at the Supreme Court level counsel cite judgments which have been overruled. "

Supreme Court Weekly Round-Up

Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration [Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe] The Supreme Court observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate...

Aarey Tree Felling: SC Takes Suo Motu Cognizance On Law Student's Letter to CJI, Special Bench To Hear The Matter Tomorrow

Supreme Court has taken cognisance of letter written by a 4th year law student named Rishav Ranjan urging the Chief Justice of India to issue a writ of mandamus directing MCGM to stay the felling of trees at Aarey and converted it into a Public Interest Litigation.A special bench will hear this matter tomorrow at 10 am, informed a notice by the vacation officer.On October 4, the Bombay High...

Non-Mentioning Of Correct Provision Not Fatal To Application If The Power To Pass Order Is Available With Court: SC [Read Judgment]

The Supreme court has observed that mere non-mentioning of an correct provision is not fatal to the application if the power to pass such an order is available with the court.In this case, the original plaintiff Mafaji Motiji Thakor [MMT] had assigned his rights and interest in the land in favour of [Jayeshkumar Chhakaddas Shah] JCS. JCS filed an application under Order I Rule 10, Code...

Change In Govt. Policy Due To Overriding Public Interest Must Be Given Due Weight While Considering Claim Of Legitimate Expectation : SC [Read Judgment]

The Supreme Court has observed that overriding public interest can be a reason for change in policy of the Government and that has to be given due weight while considering the claim of legitimate expectation.The bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta set aside the Kerala High Court judgment which directed the Government to implement its policy reserving daily...

'Presence Of Lady Police Officers A Prime Need' : SC Grants Relief To Pregnant Women In Physical Test For Bihar Police Selection [Read Order]

Granting relief to all women who could not appear in the physical test for Bihar Police Selection process last year owing to their pregnancy, the Supreme Court has directed the Bihar Police Subordinate Service Commission to conduct their physical tests now and adjust them against vacancies notified this year."The presence of lady members in the police force, considering the crime against...

IBC Has Overriding Effect Over Tea Act; Central Govt. Consent Not Required For Initiating Insolvency Proceedings: SC [Read Judgment]

The Supreme Court has held that the provisions of the Insolvency and Bankruptcy Code would have an overriding effect over the Tea Act, 1953 and even without such consent of the Central Government, the insolvency proceedings under Section 7 or Section 9 of the IBC initiated by the operational creditor shall be maintainable.The bench of Justice Arun Mishra, Justice MR Shah and Justice BR...