Supreme court
States' Taxation Powers Must Be Protected From Unconstitutional Interference By Parliament: Supreme Court On 'Fiscal Federalism'
""Any dilution in the taxing powers of the State legislatures will necessarily impact their ability to raise revenues, which in turn will impede their ability to deliver welfare schemes and services to the people."
GM Mustard Case | Justice Nagarathna Flays Failure To Make Biosafety Dossier Public, Says Right To Environmental Information Affected
Recently, Justice BV Nagarathna has upheld the right to a safe and healthy environment as a part of Article 21 by reiterating its existing jurisprudence, including in Virender Gaur vs State of Haryana (1995), where the right to life was expanded to include the hygienic environment as an integral facet of the right to a healthy life and which puts a duty on the State to maintain...
S.164(2) Of Companies Act 2013 Has No Retrospective Application Before 2014-15 FY : Supreme Court's Prima Facie View
The Supreme Court has expressed prima facie agreement with a judgment of the Allahabad High Court that Section 164(2) of the Companies Act 2013, which provides for the disqualification of directors (for five years) due to non-filing of balance sheets and annual returns for any continuous period of three financial years, has no retrospective application to the periods preceding Financial...
Automatic Vacation Of Stay Invalid In Pending Trials After Overruling Of 'Asian Resurfacing' Judgment : Supreme Court
Interpreting its decision in High Court Bar Association, Allahabad v. State of U.P. & Ors., which overruled the 2018 judgment in Asian Resurfacing, the Supreme Court has held that if an interim protection order passed by a High Court stood automatically vacated pursuant to Asian Resurfacing but the trial has not been concluded, the vacation of stay shall be invalid and inoperative from...
IBC | CIRP Of Holding Company Cannot Include Subsidiary's Assets: Supreme Court
The Supreme Court on Monday (July 23) held that a holding company is not the owner of its subsidiary's assets and thus, subsidiary assets cannot be included in the holding company's resolution plan.A bench of Justice Abhay Oka and Justice Pankaj Mithal dismissed an appeal filed by a Successful Resolution Applicant of a Corporate Guarantor against NCLT's decision to admit Financial...
Insolvency Resolution Of Corporate Guarantor Won't Bar Creditor From Filing CIRP Against Corporate Debtor For Balance Debt : Supreme Court
In a notable decision relating to the Insolvency & Bankruptcy Code of 2016, the Supreme Court held when that the insolvency resolution of a corporate guarantor will not prevent the creditor from initiating another insolvency process against the corporate debtor for the balance debt.The Court clarified that the insolvency resolution of the corporate guarantor will not result in the...
Supreme Court Refuses To Entertain Plea To Include Tribunals In National Judicial Data Grid
The Supreme Court today ( July 24) declined to hear a petition seeking the inclusion of Tribunals in the National Judicial Data Grid (NJDG).The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the petition considering that the NJDG is a part of the E-Courts project which only covers the functioning of Courts.The NJDG is a key part of the e-Courts project,...
GM Mustard Case | Evolve National Policy On Genetically Modified Crops Consulting States, Farmers & Experts: Supreme Court To Centre
In a batch of public interest litigation challenging the 2022 decision of the Genetic Engineering Appraisal Committee (GEAC) granting conditional approval for the environmental release of transgenic mustard hybrid, Dhara Mustard Hybrid-11 (DMH-11) to the Centre for Genetic Manipulation of Crop Plants, the Supreme Court division bench of Justices BV Nagarathna and Sanjay Karol delivered a...
Supreme Court Sets Aside Delhi HC Order Quashing Summons To 'The Wire' In Ex-JNU Professor's Criminal Defamation Case
The Supreme Court today (on July 24) set aside the Delhi High Court order quashing the summons issued against the Editor and Deputy Editor of 'The Wire' in a criminal defamation case filed by ex-JNU Professor Amrita Singh. The Bench of Justices M.M. Sundresh and Aravind Kumar observed that the High Court, in the impugned judgment, while finding fault with the reasoning adopted...
'Stringent Yardsticks In Law Enforcement Agencies' : Supreme Court Terminates CRPF Constable's Appointment For Suppressing Criminal Case
The Supreme Court today (July 23), while setting aside Gauhati High Court's order reinstating a Constable (GD) in the CRPF whose termination was ordered for withholding any material information, reiterated that the benchmark for appointment in the Law Enforcement Agency should be stringent than in routine vacancies. Under the scanner was the appointment of the present respondent to the...
Promotion Effective From Date Of Grant, Not When Vacancy Is Created: Supreme Court
While dealing with an appeal filed by the Bihar State Electricity Board against an employee who sought retrospective promotion, the Supreme Court recently reiterated that a promotion shall be effective from the date on which it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created. "No doubt, a right to be considered for promotion has...