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Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
The Supreme Court (on December 01), while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. The matter concerns the conviction of the accused persons/ appellants under several provisions of the Indian Penal Code, 1860. Against this conviction, the appellants moved the Allahabad High Court. Therein, the Court had granted...
Sec 240A IBC | Even If MSME Registration Obtained Post Commencement Of CIRP, Promoter Eligible To Submit Resolution Plan: Supreme Court
The Supreme Court has held that the Promoter of a Corporate Debtor is eligible to submit a resolution plan in terms of Section 240A of the Insolvency and Bankruptcy Code, 2016 (“IBC”), even if the Corporate Debtor was registered as Micro Small Medium Enterprise (“MSME”) after commencement of Corporate Insolvency Resolution Process (“CIRP”).The Bench comprising Justice Sanjay...
Pregnancy Shouldn't Burden Women's Aspirations; Public Employment Rules Must Address Difficulties Due To Motherhood: Kerala High Court
In a significant ruling, the Kerala High Court addressed the disadvantages that women may face due to their biological differences from men, in the context of getting opportunities in public employment. The Court said that the rules relating to public employment must accommodate the concerns of pregnant women and young mothers, so that they don't face discrimination.The Division Bench...
Delay In Filing FIR Not Satisfactorily Explained Could Be Fatal To Prosecution Case: Supreme Court
The Supreme Court on Tuesday acquitted a man convicted by the High Court of Madras under Section 304 (culpable homicide not amounting to murder) of the IPC, holding that the prosecution was unable to establish the accusation against him beyond reasonable doubt. The Court said he was entitled to be acquitted as it is what the justice of the case demands.A bench of Justice BR Gavai,...
IBC | Cut-Off Date To Determine Resolution Applicant's Eligibility Under S.240A Is Date Of Submitting Resolution Plan : Supreme Court
The Supreme Court has held that for the purpose of Section 240A of Insolvency and Bankruptcy Code, 2016 (“IBC”), the cut-off date to determine the eligibility of a resolution applicant to submit a resolution plan, is the date on which the resolution plan was submitted and not the date on which Corporate Insolvency Resolution Process (“CIRP”) commenced.The Bench comprising Justice...
Non Stamping Of An Agreement A Curable Defect, Only Makes A Document Inadmissible & Not Void: Supreme Court
On December 13, the Supreme Court ruled that arbitration clauses in unstamped or inadequately stamped agreements were enforceable. In doing so, the Court overruled the judgment rendered by a 5-judge bench in April this year in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors which had by a 3:2 majority held that unstamped arbitration agreements are not...
Gain Bitcoin Cryptocurrency Scam : Supreme Court Transfers Cases To CBI; Trials Shifted To Delhi CBI Court
The Supreme Court on Wednesday(December 12) transferred the cases relating to the “GainBitcoin Ponzi Scheme” to the Central Bureau of Investigation and transferred the trial of the cases to the CBI Court, Rouse Avenue, New Delhi.The bench comprising Chief Justice of India D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Misra passed the order disposing of a batch of writ...
New Criminal Procedure Bill Ignores Parliamentary Panel's Concerns About Allowing Police Custody Beyond First 15 Days Of Remand
The revised Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) introduced in the Lok Sabha by the union government in the ongoing winter session of the Parliament has overlooked the concerns of a parliamentary standing committee over a provision allowing police custody beyond the initial fifteen days of remand. The BNSS, originally introduced during the monsoon session, seeks to replace the Code...
Delhi Air Pollution | 'Ensure Next Winter Is Better, Farm Fires Must Stop' : Supreme Court Issues Directions To Punjab, Haryana & Delhi
The Supreme Court, today (on December 13), passed a slew of directions while hearing a batch of pleas raising concerns over the deteriorating air quality in the Delhi-National Capital Region (NCR). The Court reiterated that stubble burnings must be stopped and better air quality must be ensured for the next winter.Pertinently, the States of Punjab and Haryana are required to comply with...
How Many Women Promoted In Navy After Permanent Commission? Not Possible That None Was Competent : Supreme Court Asks Navy
The Supreme Court on Wednesday (December 13) asked Attorney General for India R Venkataramani about the status of promotion of Women Navy Officers who have been granted permanent commission pursuant to the 2020 decision in Union of India v. Lt Cdr Annie Nagaraja and others. A bench comprising of the CJI, D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra was hearing...
Supreme Court Urges Tamil Nadu Governor & Chief Minister To Have Dialogue To Resolve Deadlock Over Bills
The Supreme Court on Wednesday (December 13) urged the Chief Minister and the Governor of Tamil Nadu to have an open dialogue to resolve the deadlock over the passing of the bills.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing a writ petition filed by the State of Tamil Nadu against the Governor's delay in granting assent to...