Supreme Court of India Judgements

467722 Judgements hosted as on 19/04/2025 - Search (FREE), Subscribe, Read & Download

Category: Corporate

Corporate

Tender Call Notice-A reading of Section 4 would show that the registration of an establishment under the Orissa Act is to categorise the establishment as a shop, commercial establishment, hotel, etc. and not for the purpose of issuing a labour licence which, in the context of the present Tender Call Notice, can only be a labour licence under the Contract Labour Act

Apr 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S UTKAL SUPPLIERS — Appellant Vs. M/S MAA KANAK DURGA ENTERPRISES AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and B.R. Gavai,…

Corporate

I B C, 2016 – S 14 – For the period of moratorium, since no Section 138/141 (NIA) proceeding can continue or be initiated against the corporate debtor because of a statutory bar, such proceedings can be initiated or continued against the persons mentioned in Section 141(1) and (2) of the Negotiable Instruments Act

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH P. MOHANRAJ AND OTHERS — Appellant Vs. M/S. SHAH BROTHERS ISPAT PRIVATE LIMITED — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and…

Corporate

It is settled law that a secured creditor stands outside the winding up and can realise its security dehors winding up proceedings.-Winding up proceedings – A petition either under Section 7 or Section 9 of the IBC is an independent proceeding which is unaffected by winding up proceedings that may be filed qua the same company

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. NAVINCHANDRA STEELS PRIVATE LIMITED — Appellant Vs. SREI EQUIPMENT FINANCE LIMITED AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and B.R.…

Corporate

DRAT – Waiver of pre deposit – In all cases fifty per cent of the decretal amount i.e. the debt due is to be deposited before the DRAT as a mandatory requirement, but in appropriate cases for reasons to be recorded the deposit of at least twenty five per cent of the debt due would be permissible, but not entire waiver.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK PRIVATE LIMITED — Appellant Vs. AMBUJ A. KASLIWAL AND OTHERS — Respondent ( Before : S. A. Bobde, CJI, A. S.…

Corporate

Trade Marks Act, 1999 – S 85 and 87 – In the absence of any member, the chairperson may, if the occasion so arises, act as technical or judicial member – Section 87 enables a vice-chairperson, or as the case may be the senior-most member of the board to act as chairperson in the event of a vacancy to that position

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE INTERNATIONAL ASSOCIATION FOR PROTECTION OF INTELLECTUAL PROPERTY (INDIA GROUP) — Appellant Vs. UNION OF INDIA — Respondent ( Before : L. Nageswara Rao,…

Corporate

Societies Registration Act, 1860 – Sections 10 and 24 – Held, the appellants who are otherwise eligible to be enrolled as members of the Society in their own rights need not be denied of the same – They have a right to be considered for being admitted as members of the Society by the newly elected Managing Committee.

Feb 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SWATI ULHAS KERKAR AND OTHERS — Appellant Vs. SANJAY WALAVALKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and S. Ravindra Bhat, JJ.…

Corporate

Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 – Regulations 18(15)(c) and 39(2)(a) – Winding up of mutual fund schemes – Consent of the unit holders would mean consent by majority of the unit holders who have participated in the poll, and not consent of majority of all the unit holders of the scheme.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER — Appellant Vs. AMRUTA GARG AND OTHERS ETC — Respondent ( Before : S. Abdul Nazeer…

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Corporate

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

Apr 19, 2025 sclaw
Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw
Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw
Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw