Supreme court
High Court Shouldn't Have Stayed Investigation & Granted Blanket Protection From Arrest : Supreme Court Sets Aside Relief To Indiabulls Officers
The Supreme Court (on February 13) set aside the interim protection granted to Indiabulls Housing Finance Ltd. officers in an FIR registered against on a complaint by the Director of Shipra Estate and the consequent investigation by the Enforcement Directorate. Last year, the Allahabad High Court stayed the criminal proceedings, thus protecting the officers from arrest.The Division Bench...
NCLT Has Inherent Power To Recall Order Approving Resolution Plan Which Is Not Submitted As Per IBC : Supreme Court
The Supreme Court on Monday (February 12) observed that the Adjudicating Authority (“AA”) i.e., NCLT under Insolvency and Bankruptcy Code, 2016 (“IBC”) has the power to recall its order approving the resolution plan if the resolution plan is not submitted as per the mandate of the Code. The Resolution Applicant (“RA”) had preferred a recall application before the AA seeking recall...
Supreme Court Annual Digest 2023 - Criminal Minor Acts
Abkari ActAbkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case....
IBC | Claim Submitted With Proof Cannot Be Overlooked Merely Because It Was Submitted In Wrong Form: Supreme Court
The Supreme Court on Monday (February 12) observed that the claim submitted by the Resolution Applicant (“RA”) under the Corporate Insolvency Resolution Process (“CIRP”) cannot be rejected/overlooked merely on the fact that the claim submitted appears to be in a different form other than the form in which the claim needs to be submitted. In the instant case, the resolution...
Can Divorced Muslim Woman File For Maintenance Under Section 125 CrPC? Supreme Court To Consider
In a Muslim man's plea against direction to pay interim maintenance to his divorced wife, the Supreme Court is set to consider the question whether a Muslim woman is entitled to maintain a petition under Section 125 CrPC.The Bench of Justices BV Nagarathna and Augustine George Masih recently heard a case emanating from a Family Court order which, in a Section 125 CrPC petition preferred by...
Use Of Lord Ayyappa's Pictures In Voting Slips | Supreme Court Upholds Kerala HC Finding That Petition Challenging K Babu's Election Is Triable
The Supreme Court (on February 12) held the election petition filed by CPI(M) leader M Swaraj challenging K Babu, Congress MLA elections from Thrippunithura constituency in the 2021 assembly elections as triable under the Representation of People Act, 1951.“...once the High Court opined that a triable issue under Section 123(3) of the Act of 1951(Representation of the People Act) is made...
Application Seeking Further Investigation Can Be Treated As Protest Petition : Supreme Court
Recently, the Supreme Court observed that an application seeking further investigation can be treated as a protest petition if the application prima facie establishes the commission of the offences, and such an application can't be technically rejected because procedural recourse of filing a protest petition is not followed.The Court said that although the proper course for the appellant...
District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates
Recently, the Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar directed the High Court of Jharkhand to consider the appointment of seven persons qualified to...
No Voter's Name Can Be Struck From Electoral Rolls Without Following Due Process : Election Commission Tells Supreme Court
The Supreme Court on Monday (February 12), taking note of the response of the Election Commission of India, closed the proceedings relating to the issue of duplication of names in electoral rolls. The bench noted that there exist adequate measures for the aggrieved voters to approach the Registration Officer in the event of any error or deletion of their names in the voters' list.Mr Amit...
Appointment Of Deputy Chief Ministers Not Unconstitutional : Supreme Court
The Supreme Court on Monday (February 12) dismissed a PIL challenging the appointment of Deputy Chief Ministers in various states as being violative of Article 14. The Court opined that the Deputy Chief Minister was firstly a minister within the state government and the position was merely a label and nothing more.The bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala...
Heartbreaks Part Of Everyday Life; Breaking Up & Advising Partner To Marry Someone Else Won't Amount To Abetment To Suicide: Supreme Court
The Supreme Court observed that merely advising a partner to marry as per the advice of parents would not attract the penal provisions of abetment to suicide under Section 306 of the Indian Penal.In this case, the girl died by suicide after her boyfriend advised her to marry as per her parent's choice. The deceased girl became upset after the boy's family started looking for a bride....