Supreme Court Annual Digest 2022 - Insolvency and Bankruptcy Code (IBC) With Parallel Citations

Insolvency andBankruptcy Code, 2016 - Appealchallenging NCLAT order which reversed the order of the NCLT wherein it hadheld that the application under Section 9 of the Insolvency and BankruptcyCode, 2016 was not time-barred - Allowed - The failure of the NCLAT as thefirst appellate authority to look into a very vital aspect such as this,vitiates its order, especially when NCLT has recorded...

Supreme Court Annual Digest 2022- Arbitration [ With Parallel Citations]

Arbitration Act, 1940ArbitrationAct, 1940- The powers exercised by the court under the provisions of the 1940 Act arejudicial powers and that the power to make an award "Rule of Court" is not amechanical power. (Para 127 (ii), 113) Secretaryof Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593Arbitration and Conciliation Act1996Arbitration...

Supreme Court Weekly Digest With Nominal And Subject Index [December 12 – 18, 2022]

Code of Civil Procedure, 1908; Order XXI - Execution Proceedings - The woes of a decree holder begin after obtaining a decree. It is in execution that a decree holder is confronted with an unimaginably large number of obstacles. (Para 1) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Civil Procedure, 1908; Order XXI - The mere dismissal of...

Supreme Court Weekly Digest December 2022 With Nominal And Subject/Statute Wise Index [December 5 – 11, 2022]

Advocates Act 1961 - Supreme Court Rules - Advocates-on-Record System - Supreme Court has authority to prescribe who can act or plead in the court as per Article 145 of the Constitution read along with Section 52(b) of The Advocates Act, 1961 - Challenge against AoR system dismissed. Nandini Sharma v. Registrar, Supreme Court of India, 2022 LiveLaw (SC) 1018 Code of Criminal...

Now Full Set Of Supreme Court Quarterly Digests [July - Sept 2022] Are Available For Premium Subscribers!

Avail a one year LiveLaw Premium Subscription with 25% off at just INR 1499+GST per year.Limited time offer !Subscribe Now - livelaw.in/pricingSupreme Court Quarterly Digests [July To September] Free With LiveLaw Premium SubscriptionSupreme Court Complete Quarterly Digest-All Subjects- (July- September, 2022) (Citations 560 - 814)CONSTITUTION & CIVIL LAWSupreme Court Quarterly Digest...

Supreme Court Monthly Digest November 2022

Supreme Court Bans Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be RapedState of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai | 2022 LiveLaw (SC) 890 | CrA 1441 of 2022The Supreme Court on Monday prohibited "Two-Finger Test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct. It is regrettable...

Supreme Court Monthly Digest November 2022 (Citation 893 - 998)

Admission and Fee Regulatory Committee (for Professional Courses offered in Private Un­Aided Professional Institutions) Rules, 2006 (Andhra Pradesh); Rule 4 - The education is not the business to earn profit. The tuition fee shall always be affordable. Determination of fee/review of fee shall be within the parameters of the fixation rules and shall have direct nexus on the factors...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]

Arbitration and Conciliation Act, 1996; Section 11(6) - The court at the referral stage can interfere only when it is manifest that the claims are ex facie time­barred and dead, or there is no subsisting dispute. In the context of issue of limitation period, it should be referred to the Arbitral Tribunal for decision on merits. Similar would be the position in case of disputed...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 956 - 978) [November 14 – 20, 2022]

Buildings (Lease, Rent and Eviction) Control Act, 1960 (Andhra Pradesh); Section 10 - Bonafide requirement - The landlord was carrying on business and that he had children for whom he wanted to set-up a business - Rent Control Appellate Authority passed Eviction Order -Andhra Pradesh HC, while allowing Revision Petition observed that the eldest son of the Landlord was still...

Supreme Court Quarterly Digest on Consumer Protection Act, 1986 [July To September 2022]

Consumer Protection Act, 1986 - Delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale consideration is an "unfair trade practice" - Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics - Once the new car...

Supreme Court Complete Quarterly Digest-All Subjects- (July- September, 2022) (Citations 560 - 814)

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...

Supreme Court Quarterly Digest on Prevention of Corruption Act [July - September, 2022]

Code of Criminal Procedure, 1973; Section 482 - Prevention of Corruption Act, 1988 - Corruption by a public servant is an offence against the State and the society at large. The Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the...