Supreme court
Supreme Court Delivers Split Verdict On Guilt Of Ex-TN Minister's Wife In Whose Name Disproportionate Assets Were Registered
The Supreme Court on Wednesday (May 7) delivered a split verdict on the culpability of P. Nallammal, the wife of former Tamil Nadu Minister, for her alleged role in abetting her husband in a disproportionate assets case under the Prevention of Corruption Act, 1988 (PC Act).The bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah delivered a split verdict in a case where A.M. Paramasivam,...
High Court May Grant Article 227 Interim Relief In Arbitration Proceedings In Exceptional Cases : Supreme Court
aThe Supreme Court (May 7) held that while the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) mandates minimal judicial interference, a High Court may, in exceptional cases, exercise its supervisory jurisdiction under Article 227 of the Constitution to grant interim relief, particularly where denial of such protection would result in irreparable harm. “We are aware of...
S.319 CrPC Summoning Order Can't Be Quashed Based On Alibi Evidence Of Additional Accused : Supreme Court
The Supreme Court held that to summon an additional accused under Section 319 of the Cr.P.C., it is not necessary to establish guilt beyond a reasonable doubt; a person may be summoned if there is prima facie evidence indicating their involvement in the offence. “Indeed, it is difficult to conceive of what stronger material could be demanded at the summoning stage short of a confession....
S. 61(2) IBC | Appeal Filed Beyond 45 Days Not Condonable By NCLAT : Supreme Court
The Supreme Court today (May 7) ruled that the National Company Law Appellate Tribunal (NCLAT), acting as the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (Code), has no power to condone delays in filing appeals beyond the prescribed limit of 45 (30+15) days under Section 61(2) of the Code. Accordingly, the bench of Justices JB Pardiwala and R Mahadevan set aside...
Supreme Court Directs NCR States To Issue Directions Under S.5 Environment Protection Act To Enforce Firecrackers' Ban
The Supreme Court on Tuesday directed the states of Uttar Pradesh, Rajasthan and Haryana to issue directions under Section 5 of the Environment Protection Act, 1986, enforcing a complete ban on firecrackers in the National Capital Region (NCR). A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing the MC Mehta matter concerning air pollution in Delhi NCR from various sources...
Dispute Over Full & Final Settlement Is Arbitrable Despite Parties Discharging Contract : Supreme Court
The Supreme Court today (May 6) observed that if the insured alleges coercion in arriving at a settlement with the insurer, then the dispute over the validity of the settlement remains arbitrable. “Any dispute pertaining to the full and final settlement itself by necessary implication being a dispute arising out of or in relation to or under the substantive contract would not be precluded...
Suits Can Be Dismissed Suo Motu Under Order XII Rule 6 CPC Based On Plaintiff's Admissions : Supreme Court
The Supreme Court today (May 6) ruled that under Order XII Rule 6 of the CPC, a court may not only pass a decree in the plaintiff's favour based on the defendant's admissions but may also dismiss a suit where the plaintiff's admissions undermine the claim. Relying on the recent case of Rajiv Ghosh v. Satya Narayan Jaiswal, the bench comprising Justices Sanjay Karol and Manmohan affirmed that...