Supreme court
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...
Every Criminal Court In Bihar Has Huge Pendency: Supreme Court Surprised At Patna HC Order Setting Time Limit To Complete Trial
The Supreme Court on Monday (July 22) was "surprised" at an order of the Patna High Court directing the trial court in a criminal case to complete trial within a year, without considering the huge pendency of cases in trial courts.“On 28th February, 2024 while rejecting the bail application, the High Court directed that the trial shall be concluded within a period of one year. We are...
Customs Act | Owner Of Goods Liable To Pay Customs Duty Even After Confiscated Goods Are Redeemed Paying Fine : Supreme Court
In a notable ruling relating to the Customs Act of 1962, the Supreme Court on Tuesday (July 23) held that the importer would be liable to pay customs duty in addition to fines and other charges upon redeeming the confiscated goods.The Court considered the following questions :i) Whether there is a liability to pay customs duty when the confiscated goods are redeemed after payment of fine...
Time-Barred Civil Contempt Petitions Can't Be Entertained Mechanically Accepting Bogey Of 'Continuing Wrong': Supreme Court
The Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta has interpreted Section 20 of the Contempt of Courts Act, 1971, and held that the action for contempt should be brought within a year, and not beyond, from the date on which the contempt is alleged to have been committed. In this case, the first respondent filed a contempt petition in 2014 against the non-compliance of the...
NEET UG 2024 | Over 4 Lakh Students To Lose 5 Marks As Supreme Court Asks NTA To Revise Results Based On IIT Delhi Report
While refusing to cancel the NEET-UG 2024 exam for paper leak, the Supreme Court today (July 23) directed the National Testing Agency (NTA) to revise the results by treating the option identified by an expert team constituted by the IIT-Delhi as the correct answer to an ambiguous question.The NTA had treated two options as the correct answers to this question. Now, the Court has asked the...