IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5(7) of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there is no default in payment of debt. "Therefore,...

South Zonal Round Of 'Amiquiz Curiae' National Legal Quiz Held

To commemorate the 75th anniversary of the Indian Constitution, a unique legal quiz, AmiQuiz Curiae, was flagged off. This event, designed specifically for lawyers, was aimed at exploring the Indian Constitution and law through the lens of history, culture, films, art, jurisprudence, literature, and technology. The quiz served as a platform for intellectual engagement and healthy...

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

The Supreme Court today (Dec. 20) observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract.The Court further stated that Section 20 of the Specific Relief Act, 1963 ("SRA") would not apply if the defendant/seller failed to...

100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women

The Supreme Court on Thursday (December 19) pulled up the counsel representing the Enforcement Directorate (ED) for contending that rigorous bail conditions under the Prevention of Money Laundering Act (PMLA) will apply to women.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a petition challenging the denial of bail to woman accused of money...

'Precious Medical Seats Shouldn't Go Waste' : Supreme Court Directs Stray Counselling, Extends NEET-UG Admission Deadline Till Dec 30

Taking into consideration the number of medical seats remaining vacant despite 5 rounds of counselling, the Supreme Court today extended till December 30 the period for NEET UG admissions as a special measure. A bench of Justices BR Gavai and KV Viswanathan passed the order, taking into account the submission of Senior Advocate Gaurav Sharma (for National Medical Council) that in view of...

Formula-E Race "Scam": Telangana HC Grants Interim Protection From Arrest To BRS's KT Rama Rao Till December 30

The Telangana High Court in an interim order on Friday (December 20) has granted protection from arrest to BRS MLA KT Rama Rao till December 30, in an FIR over alleged irregularities in the conduct of Formula-E race in Hyderabad when BRS was in power. Issuing notice to the state and asking them to file their response, Justice N V Shravan Kumar while dictating the interim order said, "For...

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

The Court passed this general direction after expressing shock that an accused was not produced in court for nearly six years.

After Supreme Court Summoned DoPT Secretary, Centre Gives Appointment To Blind Civil Services Candidate

The Supreme Court on Friday (December 20) disposed of a plea concerning the non-compliance of its earlier judgment directing the appointment of Pankaj Srivastava, a 100 percent visually impaired candidate who cleared the Civil Services Examination (CSE) in 2008.The court had previously issued a show cause notice to the Secretary of the Department of Personnel and Training (DoPT) for failing...

Punjab & Haryana HC Bar Association Undertakes Before Supreme Court To Abide By SC Judgment On Lawyers' Strikes

The Supreme Court on Friday (December 20) concluded proceedings against the Punjab and Haryana High Court Bar Association after a fresh undertaking was filed by its acting president, Shri Jasdev Singh Brar that the Association will abide by the Supreme Court's judgment in Ex-Captain Harish Uppal v. Union of India regarding lawyers' strikes. A bench of Justice Abhay S Oka and Justice...

Farmers' Protest | Supreme Court Asks Punjab Authorities To Take Call On Shifting Jagjit Singh Dallewal To Temporary Hospital Amid Hunger Strike

In the matter related to farmers' protest at the border between Punjab and Haryana, the Supreme Court today said in categorical terms that it is Punjab authorities' responsibility to ensure stable health condition of farmers' leader Jagjit Singh Dallewal, who is on a fast-unto-death since last 24 days at the Khanauri border.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter...

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

The Supreme Court today (Dec. 20) quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce.“These facts lead us to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the...