PMLA | Courts Not Obliged To Grant Bail Just Because Accused Is A Woman; First Proviso To S.45 Not Mandatory : Supreme Court

Yesterday, while dismissing the bail plea of Saumya Chaurasia, the-then deputy secretary to former Chhattisgarh Chief Minister Bhupesh Baghel, in a money laundering case, the Supreme Court observed that nowadays educated and well-placed women in the society engage themselves in commercial ventures and enterprises, and advertently or inadvertently engage themselves in illegal activities. The...

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an appeal is maintainable, by-passing the same,...

Supreme Court(2:1 Majority) Suspends Conviction Of BSP MP Afsal Ansari; Dissenting Judge Says Impact On Electorate Can't Be Considered

The Supreme Court, by 2:1 majority, on Thursday(December 14) suspended the conviction of BSP MP Afzal Ansari in a case under the UP Gangster Act case, paving the way for the restoration of his membership in the Lok Sabha. Though, the Court held that legislator from Ghazipur constituency can attend the House proceedings, he will not be able to cast his votes or draw perks or monetary...

Physical Training Instructor A 'Teacher' Though Not Conducting Classes Within Four Walls : Supreme Court

Recently (on December 13), the Supreme Court observed that merely because a Physical Training Instructor (PTI) is not expected to conduct classes within four walls of the college, it would not make him ineligible for being treated as a teacher."Merely because the appellant, a PTI/Sports Officer, was not expected to conduct classes within the four walls of the College, as in the case of...

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

The Supreme Court (on December 01), while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. The matter concerns the conviction of the accused persons/ appellants under several provisions of the Indian Penal Code, 1860. Against this conviction, the appellants moved the Allahabad High Court. Therein, the Court had granted...

Sec 240A IBC | Even If MSME Registration Obtained Post Commencement Of CIRP, Promoter Eligible To Submit Resolution Plan: Supreme Court

The Supreme Court has held that the Promoter of a Corporate Debtor is eligible to submit a resolution plan in terms of Section 240A of the Insolvency and Bankruptcy Code, 2016 (“IBC”), even if the Corporate Debtor was registered as Micro Small Medium Enterprise (“MSME”) after commencement of Corporate Insolvency Resolution Process (“CIRP”).The Bench comprising Justice Sanjay...

Delay In Filing FIR Not Satisfactorily Explained Could Be Fatal To Prosecution Case: Supreme Court

The Supreme Court on Tuesday acquitted a man convicted by the High Court of Madras under Section 304 (culpable homicide not amounting to murder) of the IPC, holding that the prosecution was unable to establish the accusation against him beyond reasonable doubt. The Court said he was entitled to be acquitted as it is what the justice of the case demands.A bench of Justice BR Gavai,...

IBC | Cut-Off Date To Determine Resolution Applicant's Eligibility Under S.240A Is Date Of Submitting Resolution Plan : Supreme Court

The Supreme Court has held that for the purpose of Section 240A of Insolvency and Bankruptcy Code, 2016 (“IBC”), the cut-off date to determine the eligibility of a resolution applicant to submit a resolution plan, is the date on which the resolution plan was submitted and not the date on which Corporate Insolvency Resolution Process (“CIRP”) commenced.The Bench comprising Justice...

Non Stamping Of An Agreement A Curable Defect, Only Makes A Document Inadmissible & Not Void: Supreme Court

On December 13, the Supreme Court ruled that arbitration clauses in unstamped or inadequately stamped agreements were enforceable. In doing so, the Court overruled the judgment rendered by a 5-judge bench in April this year in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors which had by a 3:2 majority held that unstamped arbitration agreements are not...

Kerala Govt Moves Supreme Court Against Centre Limiting State's Borrowing Capacity, Alleges Violation Of Fiscal Federalism

The State of Kerala has filed an original suit in the Supreme Court against the Union of India for imposing limits on the State's borrowing capacity. The State Government has said that the Centre has lowered the borrowing limit of the state, which can potentially lead to a grave financial crisis in the State. The Union's interference by the imposition of borrowing ceiling violates the...

Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision

A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence. However, it is a curable defect as per the Indian Stamp Act, the Court pointed out.The Court overruled the...

Motor Vehicles Act : Supreme Court Directs NALSA To Prepare Scheme For Implementation Of Amended MV Act And Rules

The Supreme Court has directed the National Legal Services Authority (NALSA) to prepare a scheme with suggestions for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The order was passed by a bench of Justice J K Maheshwari and Justice K V Viswanathan that has been hearing a matter related to the implementation of the amended Motor Vehicles Act and...