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Supreme Court Asks Centre To Submit Policy Decisions Taken To Promote Electric Vehicles
The Supreme Court on Monday (July 22) granted the Centre four weeks to file a counter affidavit along with all policy decisions taken by the Centre from time to time to promote electric vehicles.The development happened in a PIL seeking the promotion and implementation of electric vehicle policies.A bench of Justice Surya Kant and Justice Ujjal Bhuyan also requested Senior Counsel...
Swati Maliwal Assault Case: Bibhav Kumar Approaches Supreme Court Against Delhi HC Order Denying Bail
In a latest development, Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar has approached the Supreme Court against Delhi High Court's denial of bail in the Swati Maliwal assault case.It may be recalled that an FIR was registered against Kumar on the written complaint of Aam Aadmi Party's Rajya Sabha MP Swati Maliwal, who alleged that Kumar assaulted her when she went to...
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...
Supreme Court Criticizes Maharashtra Govt For Allocating Notified Forest Land As Compensation For Illegal Property Acquisition
While hearing the TN Godavarman case, an omnibus forest protection matter, the Supreme Court recently pulled up Maharashtra state authorities for allotting a notified forest land to a person as compensation for illegally taking away another property of his. Taking note of the fact that the applicant succeeded in all litigations against the state upto the Supreme Court, and the alternate...
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...
Kamlesh Tiwari Murder Case : Supreme Court Grants Bail To Alleged Conspirator
The Supreme Court recently granted bail to a man who was accused as a conspirator behind the murder of Hindu Samaj Party leader Kamlesh Tiwari in 2019. The Bench of Justices Abhay S Oka and Augustine George Masih observed that the accused has already been incarcerated for more than 4½ years. Apart from this, the Bench also took into account the allegations imputed against...
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...
Supreme Court Collegium Recommends One-Year Extension For Nine Additional Judges Of Calcutta High Court
The Supreme Court Collegium has recommended an extension of tenure by one year for nine additional judges of the Calcutta High Court.The Collegium comprising CJI DY Chandrachud and Justices Sanjiv Khanna and BR Gavai has recommended the names of the following additional judges for extension of tenure:Justices (i) Biswaroop Chowdhury, (ii) Partha Sarathi Sen, (iii) Prasenjit Biswas, (iv)...
Supreme Court Allows Petitioner-in-Person To Convert Writ Petition As SLP; Grants Interim Protection From Coercive Action
In a notable case, the Supreme Court recently refrained from turning away a petitioner, who appeared in person, merely because he availed of a wrong remedy (a writ petition under Article 32) and allowed him to convert the writ petition into a special leave petition under Article 136 of the Constitution."...it would be expedient for the ends of justice to grant liberty to the petitioner to...
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...