Digests
Supreme Court Half Yearly Digest 2022 (Jan - Jun) Insolvency and Bankruptcy Code, 2016
Companies Act, 1956 - Insolvency and Bankruptcy Code, 2016 - Appeal against NCLAT order which dismissed appeals against NCLT order denying relief to appellant workmen/employees with regard to their claim relating to salary, which they claimed for the period involving CIRP- Partly allowed - (i) That the wages/salaries of the workmen/employees of the Corporate Debtor for the period...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- August 22 - 28, 2022
Benami Transactions (Prohibition) Amendment Act, 2016 - The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. (Para 18.1) Union of India v. Ganpati Dealcom Pvt. Ltd., 2022 LiveLaw (SC) 700 CBSE is only a society registered under the Societies Registration Act, 1860 and the school affiliated to it is not a creature of the statute and hence not...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-August 15-21
Administrative Tribunals Act, 1985; Section 17 - Power of CAT to punish for contempt - Central Administrative Tribunal Rules 13 & 15 - CAT cannot punish for contempt committed in the face of it without trial when the alleged contemnor denies charges - Procedure under Section 14(1)(c) of the Contempt of Courts Act to be followed- CAT has no power of the Supreme Court under Articles...
Supreme Court Half Yearly Digest 2022 (Jan - Jun) Tax
Central Goods and Services Tax Act, 2017; Section 56 - In terms of the principal part of Section 56 of the CGST Act, the interest would be awarded at the rate of 6 per cent. The award of interest at 9 per cent would be attracted only if the matter was covered by the proviso to the said Section 56 - Wherever a statute specifies or regulates the interest, the interest will be payable...
Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations
Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...
Supreme Court Weekly Digest With Nominal And Statute/Subject Wise Index [August 7 to August 14, 2022]
Code of Criminal Procedure, 1973; Section 154 - FIR -Police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence - Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is...
Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]
Arbitration and Conciliation Act, 1996; Section 11(6), 7 - High Court order proceeds on an understanding that the Counsel for both the sides did not dispute the fact that a clause of the Contract Agreement provided for appointment of an arbitrator - An understanding of counsel, cannot be regarded as a binding statement of law on the existence of an arbitration agreement. (Para 18)...
Supreme Court Monthly Digest July 2022 (Citations 560 - 646)
Arbitration and Conciliation Act, 1996; Section 11 - Even if an aspect with regard to 'accord and satisfaction' of the claims may/can be considered by the Court at the stage of deciding Section 11 application, it is always advisable and appropriate that in cases of debatable and disputable facts, good reasonably arguable case, the same should be left to the Arbitral Tribunal. (Para...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 25 - July 31, 2022)
Carriage by Air Act, 1972; Rule 30 - Limitation Act, 1963; Section 29(2) - Rule 30 expressly excludes the Limitation Act as provided in Section 29 - Rule 30 (2) does not enable applicability of exclusion of periods for the purpose of reckoning the period of two years. (Para 43) Bhagwandas B. Ramchandani v. British Airways, 2022 LiveLaw (SC) 645 Child Custody - The question 'what is...
Supreme Court Half Yearly Digest [2022] On Arbitration With Parallel Citations
Arbitration - Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (Kerala) - The Act is liable to be held unconstitutional on the ground of encroachment upon the judicial powers of the State - The Act has the effect of annulling the awards which have become "Rules of Court", is a transgression on the judicial functions of the State and therefore, violative of doctrine...
Supreme Court Monthly Digest :July 2022[ Citations 561-642]
1. Mere Acceptance Of Rent By Landlord After The Expiry Of Lease Would Not Amount To Waiver Of Termination Of Lease: Supreme Court Case Title: K.M. Manjunath Vs Erappa. G (D) |SLP(C) 10700 OF 2022 Citation: 2022 LiveLaw (SC) 561 The Supreme Court bench of Justices CT Ravikumar and Sudhanshu Dhulia has reiterated that mere acceptance of the rent...
Supreme Court Half Yearly Digest 2022 on BAIL
Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...