Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023

Sabka Vishwas Scheme: Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC MoratoriumThe Supreme Court Bench comprising of Justices M R Shah and Justice B V Nagarathna has remarked that “No one can be expected to do the impossible” while granting relief to a company which could not avail the benefit of settlement of tax dues under “Sabka Vishwas (Legacy...

Sec.138 Negotiable Instruments Act- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- Section 138 Negotiable Instruments Act, 1881Sec 138 NI Act - Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity; Supreme Court Affirms Acquittal Case Title: Rajaram Sriramulu Naidu (D) vs Maruthachalam (D), 2023 LiveLaw (SC) 46 Coram: Justices B R Gavai and M M Sundresh The Supreme Court reiterated that the standard...

100 Important Supreme Court Judgments Of 2023 - Part 4 [76 to 100]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Supreme Court Judgements On Arbitration In 2023

Starting Point Of Limitation U/ Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court ExplainsThe Supreme Court observed that the starting point for the limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected award is received by the...

100 Important Judgments Of Supreme Court 2023 -Part 3[51-75]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Supreme Court Constitution Bench Judgments & Hearings Of 2023

The year 2023 has witnessed several important judgments delivered by Constitution Benches. Be it the constitutional validity of Article 370, the marriage equality petitions, the challenge to the 2016 demonetisation scheme of the Centre or the political crises in Maharashtra and Delhi, these cases, touched upon different significant issues. There were 18 judgments delivered by the...

Section 498A IPC- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- 498A Indian Penal Code, 1860 Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void Case Title: P Sivakumar vs State | 2023 LiveLaw (SC) 116 Coram: Justices B R Gavai and Vikram Nath The Supreme Court reiterated that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null...

Non-Obstante Clause In S. 109A(3) Of Companies Act 1956 Doesn't Exclude Legal Heir From Claiming Securities Against Nominee: Supreme Court

The Supreme Court has held that the non-obstante clause in both Section 109A(3) of the Companies Act, 1956 & Bye-law 9.11.7 of the Depositories Act, 1996, does not exclude the legal heirs from their rightful claim over the securities, against the nominee.The sole purpose of the non-obstante clause is to allow the company to vest shares upon the nominee to the exclusion of any other...

Nomination Process Under Companies Act Does Not Override Succession Laws: Supreme Court

The Supreme Court has held that the nomination process under the Companies Act, 1956 (pari materia Companies Act, 2013) does not override succession laws. It is beyond the scope of the company's affairs to facilitate succession planning of the shareholder. In case of a Will, it is upon the administrator or executor under the Indian Succession Act, 1925, or in case of intestate succession,...

Supreme Court Judgments On Bail In 2023

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence: SCThe Supreme Court held that an accused cannot claim the benefit of default bail when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence, and when the...

100 Important Supreme Court Judgments Of 2023 -Part 2[26-50]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Slum Rehabilitation Authority Has To Act In Terms Of Its Own Policies Without Allowing Private Arrangements To Prevail: Supreme Court

The Supreme Court recently (on December 15) held that private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of the Slum Rehabilitation Authority (SRA).To strengthen this, the Court also observed that under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, SRA is the final authority for implementing the...