Supreme Court of India Judgements

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Corporate

Insolvency—Limited period of moratorium would not apply to a personal guarantor of a corporate debtor.

Bysclaw

Oct 21, 2018

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Corporate

Telecom Regulatory Authority of India Act, 1997 — Section 11, 13, 14, 29, 34 & 36 — Adjudicatory jurisdiction — Distinction between regulatory/enforcement functions of TRAI and adjudicatory jurisdiction of TDSAT — Held, TRAI’s power under Ss. 11(1)(b) and 13 to issue directions for compliance with regulations is regulatory/administrative, not adjudicatory — Direction issued to MSO to restore signals pursuant to IC Regulations, and consequent show cause notice under S. 34 for non-compliance, do not amount to adjudication of dispute between MSO and LCOs — Adjudication of disputes between service providers is exclusive domain of TDSAT under S. 14 — TRAI’s role upon non-compliance confined to that of complainant under S. 34; it cannot itself determine guilt or levy fine under S. 29, which is exclusive province of competent criminal court — TDSAT erred in framing the issue as one of TRAI’s jurisdiction to adjudicate dispute between MSO and LCOs, when TRAI had not purported to adjudicate any such dispute

Jul 25, 2026 sclaw
Corporate

Competition Act, 2002 — Merger control (Section 6 read with Sections 10, 31) — Disclosure obligations — Substance over form (Regulation 9(4) and 9(5)) — Inter-connected steps — Duty of complete notification — Whether mere naming of agreements in a filing constitutes sufficient notice? — Held, notification is sufficient if inter-connected steps and linkages are placed on record and explained, enabling assessment, even if not labelled as per regulator’s preference.

May 31, 2026 sclaw
Corporate SEBI

Securities Contracts (Regulation) Act, 1956 (SCRA) — Section 18A — Validity of derivative contracts — Breach of position limits under SEBI Circular 2001 does not render derivative contracts void — The Circular mandates disclosure of positions exceeding limits and imposes penalties for non-disclosure, not voiding of contracts — Therefore, breach of position limits does not invalidate trades under Section 18A.

May 31, 2026 sclaw

You missed

Accident

Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established.

Jul 25, 2026 sclaw
State Laws

Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes.

Jul 25, 2026 sclaw
Stamp Act

Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence

Jul 25, 2026 sclaw
Service

Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay.

Jul 25, 2026 sclaw