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IBC | No Casual Interference With Commercial Wisdom Of CoC : Supreme Court Sets Aside NCLT Direction To Reevaluate Corporate Debtor's Assets
The Supreme Court has set aside an order whereby the National Company Law Tribunal (“NCLT”) kept the approval of a resolution plan in abeyance while directing an Official Liquidator to conduct re-valuation of the Corporate Debtor’s assets. Consequently, the order of National Company Law Appellate Tribunal (“NCLAT”) affirming the NCLT’s order has also been set aside.An...
Judicial Review Of Tenders - Interpretation Of Tendering Authority Must Prevail Unless There Malafides Alleged Or Proved : Supreme Court
The Supreme Court recently held that when it comes to tender clauses, the interpretation of a tendering authority must prevail unless there is any malafides alleged or proved. A bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the decision of the Apex Court in Jagdish Mandal vs. State of Orissa (2007) 14 SCC 517 while making...
India’s First Female Supreme Court Judge Justice Fathima Beevi Passes Away
Justice M. Fathima Beevi, the first female Judge to be appointed to the Supreme Court of India, passed away today at the age of 96.In her long and decorated career, (Late) Justice Beevi served as a role model and icon for women across the country, and she even left her mark on the political arena by being appointed as the Governor of Tamil Nadu after her superannuation as Supreme...
TRAI's Appeal Against TDSAT Quashing Daily Cap Of 200 SMS : Supreme Court Seeks Filing Of Relevant Regulations
Recently, the Supreme Court (on November 22), directed the filing of relevant regulations in an appeal against telecom appellate tribunal’s 2012 decision quashing the cap of 200 text messages per day.A bench comprising Justices PS Narasimha and Sandeep Mehta was hearing an appeal filed by the Telecom Regulatory Authority of India (TRAI) in 2012.The restriction was imposed by the...
While Returning Deposit Of Auction Purchaser, Should Bank Pay Same Interest Rate Which Is Charged From Borrower? Supreme Court To Decide
The Supreme Court is set to examine whether while returning money deposited by the highest bidder, in an auction sale conducted by the bank, the rate of interest should match with the rate that the bank is charging from the borrower.The matter was placed before Justices Sajiv Khanna and S.V.N. Bhatti. In the present case, the petitioner was the highest bidder in an auction sale of a...
Marriage Equality Petitioners Seek Open Court Hearing Of Review Petition; CJI Agrees To Consider
In another development in the pleas concerning marriage equality in India, the petitioners who recently filed a review petition against the Constitution Bench judgement of the Supreme Court which refused to grant legal recognition for queer marriages in India, sought for an open court hearing of the review pleas.The matter was mentioned by Senior Advocate Mukul Rohatgi before the bench...
Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State
The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code (IPC) after carefully considering the impact of intoxication on him at the time of the incident. The Court noted that despite being heavily intoxicated, the appellant was able to walk properly and even moved away 15-20 steps from the quarrel scene before returning...
PMLA Judgment Reconsideration : Live Updates From Supreme Court [Day 2]
The SupremeCourt will continue hearing a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary which upheld the constitutional validity of several PMLA provisions relating to arrest, search and seizure, etc.A bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna and Bela M Trivedi is hearing the matter. Yesterday, Senior Advocate Kapil Sibal...
Marriage Equality Judgment A First Step ; Supreme Court Could Have Given A Timeframe For Centre's Committee : Senior Advocate S Muralidhar
In a panel discussion on the future of marriage equality in India organised by Caucus, a discussion forum of the Hindu College, Senior Advocate (Retd Justice) S Muralidhar stated that the recent judgement in Supriyo v Union of India was a first step in the larger process. He added that the Central Government could have been directed to come out with a Committee Report on the issue of...
Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024
The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI...
'Affects Right To Liberty' : Kapil Sibal Urges Supreme Court To Reconsider PMLA Judgment Upholding ED's Powers
Senior Advocate Kapil Sibal on Wednesday (November 22) urged the Supreme Court to refer to a larger bench to reconsider its Vijay Madanlal Choudhary ruling, which is known for bolstering the powers of the Directorate of Enforcement (ED). Raising concerns about the wide-ranging powers of the central agency, the senior counsel said – “The issues involved are very serious and affect...
Person Guilty Of Murder Even When He Mistakenly Kills Another Person : Supreme Court Applies 'Doctrine Of Transfer Of Malice'
The Supreme Court recently invoked the doctrine of transferred malice to uphold the conviction of the appellant in a murder case under section 302 IPC. The appellant had no intention to kill the deceased as he had fired with an intention to settle his score with another person Mahendra with whom he had entered into a harsh argument. However, the court held that it made no difference...