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IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court
The Supreme Court has held that in a composite application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) based on several Recovery Certificates issued by Debt Recovery Tribunal, if any of the Recovery Certificate(s) is barred by limitation, then the same can be segregated from composite claim. However, as the decree (Recovery Certificate) would still be alive,...
State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court
A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant findings regarding Section 19 of the Constitution (101st Amendment) Act (Amendment), 2016, which allowed the introduction of the Goods and Services...
'Difficult For Courts To Intervene In The Absence Of A Statute' : CJI DY Chandrachud On Marriage Equality Verdict
Speaking of his minority judgment in the recent verdict on the same sex marriage, Chief Justice of India DY Chandrachud said that it is sometimes a vote of conscience and a vote of the Constitution and that he stands by what he said."I do believe it's sometimes a vote of conscience and a vote of the Constitution and I stand by what I said" he said at a panel discussion on 'Perspectives...
Panel Discussion On The Marriage Equality Judgement [Video]
Live Law is organising a panel discussion on the Marriage Equality judgement on October 25, 2023 at 5.30 PM, featuring Muskan Tibrewala (Assistant Director, CJLS), Aishwarya Singh (Lecturer and Assistant Dean, JGLS), Karan Tripathi (PhD, University of Cambridge) and Kanmani (Advocate & Trans rights activist). The discussion is moderated by Padmakshi Sharma, Supreme Court correspondent...
Judges Taking Up Cases Not Assigned By Chief Justice Is An Act Of 'Gross Impropriety': Supreme Court
The Supreme Court recently said that the judges should refrain from taking up cases not specifically assigned to them by the Chief Justice of the Court. If not, the roster notified by the Chief Justice will have no meaning, the Court said. The Apex Court said that taking up cases not assigned by the Chief Justice is an act of 'gross impropriety'. “If the Courts allow such sharp practices,...
Can ED Attach Property Acquired Before Alleged Commission Of Scheduled Offence? Supreme Court To Consider
The Supreme Court recently issued a notice in a case which raises the issues whether a property acquired before the alleged act of scheduled offences under the Prevention of Money Laundering Act(PMLA), 2002 can be called “proceeds of crime” liable to be attached by the Directorate of Enforcement (ED).Another issue which arises in the case is whether the PMLA would override the...
[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband
The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India [2014] 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996...
Can't Assume Graduate Wife Intentionally Not Working To Claim Maintenance From Husband When She Was Never Employed: Delhi High Court
The Delhi High Court has said that merely because the wife is holding a graduation degree, it cannot be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband, particularly when she was never employed in the past.While refusing to reduce interim maintenance granted to a wife, a division bench of Justice Suresh Kumar Kait and...
Can Close Relatives Of State's Executive Head Be Awarded Govt Contracts? Supreme Court Seeks CAG's Response
The Supreme Court while resuming its hearing in a SLP raising allegations regarding awarding of government tenders by the state government of Arunachal Pradesh, a decade ago, directed the Comptroller and Auditor General of India (CAG) to inform the Bench on the following points:“Whether very close relative(s) to the Executive Head of the State can be awarded Government contracts; In the...
Mere Likelihood Of Absconding While On Parole Not Sufficient Ground To Decline Temporary Release: Punjab & Haryana High Court
The Punjab & Haryana High Court recently granted parole to a man convicted for murder and sentenced to life imprisonment observing that likelihood of absconding of the prisoner is not a sufficient ground to reject temporary release. A division bench of Justice Lisa Gill and Justice Ritu Tagore emphasized that the mere likelihood of absconding while on parole was not a sufficient ground...
'Wrong Done' U/S 19 CPC Includes Both Act & Its Effects: Kerala HC Says Local Court Authorised To Grant Relief To Mother Of Maid Who Died In Delhi
The Kerala High Court recently held that a Sub Court in Kerala has the territorial jurisdiction to try a suit for compensating for a wrong committed in Delhi, since as per the broader interpretation of "wrong done" under Section 19 of CPC, the effects of the wrong justified establishing jurisdiction in Kerala, where the plaintiff resided. Justice Basant Balaji observed that though the death...
Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. The present decision emphasised the importance of substantial evidence in awarding claims for loss of...