SC Judgments
TN Highways Act Can't Be Invalidated Due To Variance From RFCTLARR Act As It Has Received President's Assent : Supreme Court
The Supreme Court on Tuesday held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis...
IBC| Principle Of Commercial Wisdom Not Validate A Decision Taken By CoC In Contravention Of Law : Supreme Court
The Supreme Court has held that the principle of ‘Commercial Wisdom’ of the Committee of Creditors (“CoC”) cannot brush aside the shortcomings of the CoC in cases where decision making was done in contravention to a law which is in force for the time being. The Bench comprising of Justice Dinesh Maheshwari and Justice Vikram Nath, while adjudicating an appeal filed in...
IBC| Ineligibility Of Resolution Applicant As Per S.164(2)(b) Companies Act Can't Be Presumed Unless Competent Authority Declares Disqualification: Supreme Court
The Supreme Court has held that a resolution applicant cannot be rendered ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”), by assuming his/her disqualification under Section 164(2)(b) of the Companies Act, 2013, unless a categorical order disqualifying him/her to act as a director of any company is passed by...
‘Court Not To Sermonise On Morality’ : SC Allows Premature Release Of Woman Convicted For Killing Sons While Attempting Suicide
Noting at the appellant had already suffered at the cruel hands of fate, the Supreme Court of India recently set aside the order of the Tamil Nadu government rejecting a convict-mother’s prayer for premature release, who poisoned her two children. “Thus, this Court feels that there is no valid reason/justifiable ground for the State not accepting the recommendation of the State...
'Gives Arbitrary Powers To Police' : Supreme Court Upholds Quashing Of TN Decision To Constitute Anti-Land Grabbing Cell
Stating that the powers can be abused by police, the Supreme Court has upheld the decision of Madras High Court to set aside 2011 Tamil Nadu’s government order wherein it had constituted Land Grabbing Special Cells without defining land grabbing cases.The bench of Justice M.R Shah and Justice B.V Nagarathna said that, “In absence of any guidelines and/or definition as to which cases...
Supreme Court Dismisses Plea To Restore Concession In Railway Tickets For Senior Citizens
The Supreme Court on Friday rejected a plea seeking the restoration of concession in Railway ticket prices for senior citizens. A Bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah, while rejecting the petition moved a party-in-person, observed, "In view of the aforesaid reasons and the matter involving a fiscal issue, it won't be appropriate for this Court to issue a...
You Are Not Exactly Selling “Amrit”!: Supreme Court To Parties Supporting Madras HC Order Quashing Ban On Chewing Tobacco
“You are not exactly selling "Amrit"!”, the Supreme Court of India observed while hearing the challenge against the Madras High Court order which quashed the ban imposed by the Tamil Nadu government against gutka, pan masala, chewing tobacco and the like. The comment was made by a Bench of Justices KM Joseph and B V Nagarathna, pointing to the Respondents who appeared in...
'We Can't Go Into Suitability' : Supreme Court Gives Reasons For Dismissing Petitions Challenging Justice Victoria Gowri's Appointment
The Supreme Court on Friday pronounced the reasons for the dismissal of the two petitions filed by advocates from the Madras High Court challenging the appointment of Justice Victoria Gowri as an additional judge of the Madras High Court.Justice Sanjiv Khanna, while pronouncing the order on Friday, said, "We have passed a short order. We have followed the constitutional bench judgment and said...
Regularisation Can't Be Claimed If Appointment Was Not By A Competent Authority & There's No Sanctioned Post : Supreme Court
The Supreme Court has reiterated that to seek regularisation, a daily rated employee must have been initially appointed by a competent authority and there must be a sanctioned post on which he must be working.The bench comprising Justices Ravindra Bhat and Sudhanshu Dhulia was hearing a Civil Appeal arising out of a Special Leave Petition filed against the order of the division bench of the...
Insurance Coverage For Accidental Death - Proximate Cause Necessary; Supreme Court Denies Claim For Sun Stroke Death During Election Duty
The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.In the year 2000, the National Insurance Company had entered into an MoU with the Chief Electoral Officer of Bihar to...
Section 138 NI Act | Conviction Cannot Be Confirmed Overriding Agreement Between Parties To Compound The Offence : Supreme Court
The Supreme Court recently set aside an order of the Telangana High Court which confirmed the conviction in a cheque dishonour case overriding the agreement between the parties to compound the offence.A bench comprising Justices Krishna Murari and V Ramasubramanian held that when parties to a litigation proceeding have entered into an agreement to compound a compoundable offence, High...
Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients...
