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Mere Institution Of Civil Proceedings Not A Ground To Quash FIR : Supreme Court
The Supreme Court has reiterated that the mere institution of civil proceedings does not automatically justify the quashing of a First Information Report (FIR).The Court observed that the existence of a civil remedy for breach of contract does not preclude the initiation or continuation of criminal proceedings. "Simply because there is a remedy provided for breach of contract, that does not by...
S. 8 IBC | Service Of Demand Notice On Corporate Debtor's Key Managerial Personnel Is Valid To Trigger Insolvency Process : Supreme Court
The Supreme Court on Tuesday (April 29) upheld the delivery of a demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to the corporate debtor's Key Managerial Personnel (KMP), stating that the delivery of the notice to the KMP substantially complies with the requirement of Section 8 of IBC. Setting aside the National Company Law Appellate Tribunal...
In Cases Of Cross-FIRs, Unfair To Quash One FIR While Probing The Other; Both Be Investigated Together : Supreme Court
The Supreme Court yesterday (April 29) ruled that in cases involving cross-FIRs, it would be imprudent to quash one FIR and investigate another FIR. Instead, the investigative agency must examine both the FIRs, as truth-seeking requires examining both sides of the dispute comprehensively.“this Court is of the opinion that in cases involving cross-FIRs, it would be prudent and fair if...
Supreme Court Weekly Round-up: April 21, 2025 To April 27, 2025
Nominal Index [Citation – 441- 491]Citations R. Baiju v. State of Kerala 2025 LiveLaw (SC) 441Ajay Raj Shetty v. Director and Anr. 2025 LiveLaw (SC) 442Subhash Aggarwal v. State of NCT of Delhi 2025 LiveLaw (SC) 443Soumen Paul & Ors. v. Shrabani Nayek & Ors. 2025 LiveLaw (SC) 444Samtola Devi v. State of Uttar Pradesh & Ors. 2025 LiveLaw (SC) 445Manjunath Tirakappa Malagi and Anr....
Consumer Protection Act 2019 | Fixing Pecuniary Jurisdiction Based On Value Of Consideration Is Constitutional: Supreme Court
The Supreme Court today (April 29) upheld the constitutionality of the provisions of the Consumer Protection Act, 2019, prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and services paid as consideration, instead of compensation claimed.The Court dismissed the constitutional challenge to Section 34, 47 and 58 of the 2019 Act...
Supreme Court Constitution Bench To Deliver Judgment Tomorrow On Courts' Powers To Modify Arbitral Awards Under S.34/37 Arbitration Act
A Constitution Bench of the Supreme Court will deliver judgment tomorrow on the question whether Courts can modify arbitral awards while exercising appellate powers under Sections 34 and 37 of the Arbitration and Concilaition Act, 1996.A bench comprising Chief Justice of India Sanjiv Khanna, Justices BR Gavai,Sanjay Kumar, AG Masih and KV Viswanathan had reserved the judgment on the matter...
Lawyers Running Individual Practice Exempt From Levy Of GST, Service Tax: Orissa High Court
The Orissa High Court has reminded the GST and Service tax authorities not to harass practicing lawyers by issuing them notices for levy of GST or service tax.A Chief Justice Harish Tandon and Justice BP Routray thus quashed the notices issued to a Bhubaneswar based lawyer demanding service tax of Rs.2,14,600/- and penalty of Rs.2,34,600/- plus interest.It observed, “in view of the...
President Appoints Justice BR Gavai As Next Chief Justice Of India;Second Dalit To Be CJI
The President of India has appointed Justice BR Gavai as the next Chief Justice of India with effect from May 14, 2025.The incumbent Chief Justice of India, Justice Sanjiv Khanna, will retire on May 13. "In exercise of the powers conferred by the Constitution of India is pleased to appoint Shri Justice Bhushan Ramkrishna Gavai, Judge of the Supreme Court of India as the Chief Justice of...
Order XI Rule 14 CPC | Appellate Court Cannot Direct Production Of Document In Appeal Against Rejection Of Plaint : Supreme Court
The Supreme Court clarified that the power to direct document production under Order XI Rule 14 of the CPC is confined to the pendency of a suit and cannot be invoked after its dismissal. Therefore, if a suit is rejected under Order VII Rule 11, no additional evidence can be introduced in the appeal concerning the merits of the case.The bench of Justices Dipankar Datta and Prashant Kumar...
Supreme Court Directs CBI To Conduct Preliminary Enquiries Into NCR's 'Builder-Banks Nexus'; Probe To Start With Supertech Ltd
Following grievances raised by homebuyers/borrowers, the Supreme Court today directed the Central Bureau of Investigation to conduct preliminary enquiries into an "unholy" nexus of builders and banks in the National Capital Region.To recap, this is the matter where the Court earlier hinted at a CBI probe, noting that certain real estate companies, and banks which sanctioned loans to them...