Supreme Court of India Judgements

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

Category: Corporate

Corporate

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 36A – Invitation for expression of interest- HELD The second meeting of the Committee of Creditors was held on 27.03.2018. The advertisement was approved in the said meeting – It was the unamended Regulation 36A that was in force at that time – This has not been appreciated by NCLAT, order of is flawed

Sep 5, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH THE KARAD URBAN COOPERATIVE BANK LIMITED — Appellant Vs. SWWAPNIL BHINGARDEVAY AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.…

Corporate

Prevention of Food Adulteration Rules, 1955 – Rule 32(e) – Misbranded Standards – Product had the necessary barcode on it that contained all the relevant information as required by Rule 32(e) such as batch no./code no./lot no etc HELD information under Rule 32(e) with regard to the lot/code/batch identification to facilitate it being traced to the manufacturer are available prosecution to continue and it will be an abuse of the process of law

Sep 5, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH RAGHAV GUPTA — Appellant Vs. STATE (NCT OF DELHI) AND ANOTHER — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee,…

Corporate

Spectrum Trading – Assessment of Liability – The telecom service providers’ stand is that the proceedings of insolvency under the Code have been triggered bona fide – This Court can examine the limited question in these proceedings whether the proceedings are resorted to as a subterfuge to avoid payment of AGR dues

Sep 3, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA — Appellant Vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA ETC.ETC. — Respondent ( Before : Arun Mishra, S.…

Corporate

Finance Act, 1994 – Section 65(105)(zzzzj) – Payment of service tax – Business of distributing natural gas – Supply of pipes and measuring equipment – HELD SKID equipment fulfils the description in Section 65(105)(zzzzj) of a taxable service: service in relation “tangible goods” where the recipient of the service has use (without possession or effective control) of the goods – Appeal allowed.

Aug 29, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH COMMISSIONER OF SERVICE TAX, AHMEDABAD — Appellant Vs. M/S ADANI GAS LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Corporate

Insolvency and Bankruptcy Code, 2016 – Section 7 – A personal Loan to a Promoter or a Director of a company cannot trigger the Corporate Resolution Process under the IBC. Disputes as to whether the signatures of the Respondents are forged or whether records have been fabricated can be adjudicated upon evidence including forensic evidence in a regular suit and not in proceedings under Section 7 of the IBC.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH M/S RADHA EXPORTS (INDIA) PVT. LIMITED. — Appellant Vs. K.P. JAYARAM AND ANOTHER — Respondent ( Before : Arun Mishra and Indira Banerjee,…

Corporate

Foreign Trade (Development and Regulation) Act, 1992 – Sections 3(2) and 9A – Imposition of quantitative restrictions – Central Government has no right and power to impose ‘quantitative restrictions’ except under Section 9A of the FTDR Act – Section 9A of the FTDR Act does not elide or negate the power of the Central Government to impose restrictions on imports under sub-section (2) to Section 3 of the FTDR Act.

Aug 26, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AGRICAS LLP AND OTHERS ETC. — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and…

Corporate

AGR Case] ‘Why Shouldn’t Jio Pay Dues Of Reliance Communications For Using Its Spectrum?’ SCOI Asks Reliance Jio HELD directed them (telcos) to place on record the information relating to Agreement entered into with respect to using of spectrum by the respective parties.

Aug 16, 2020 sclaw

AGR Case] ‘Why Shouldn’t Jio Pay Dues Of Reliance Communications For Using Its Spectrum?’ SC Asks Reliance Jio Justice Mishra: Jio is using since 2016(spectrum). Why should we not ask Jio…

Corporate

HELD limitation period for application under Section 7 of the Insolvency and Bankruptcy Code is three years as provided by Article 137 of the Limitation Act, which commences from the date of default and is extendable only by application of Section 5 of Limitation Act if any case for condonation of delay is made out.

Aug 14, 2020 sclaw

Limitation period for application under Section 7 of the Insolvency and Bankruptcy Code is three years as provided by Article 137 of the Limitation Act, which commences from the date…

Corporate

Mines and Minerals (Development and Regulation) Act, 1957 – Section 21(5) – Permission to resume regular mining operations – Delay in payment of the compensation along with interest is condoned – Applicant permitted to resume mining operations subject to all necessary clearances required in accordance with law being obtained

Aug 11, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH COMMON CAUSE — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian,…

Corporate

HELD “sample being sent and tested 8 months beyond the shelf life of the product in this case. It is thus clear that the valuable right granted by Section 25 of the Drugs and Cosmetics Act kicks in on the facts of this case, which would necessarily render any penalty based upon the said analysis of the sample as void.”

Aug 10, 2020 sclaw

A valuable right is granted to a person who is sought to be penalized under these Acts to have a sample tested by the Government Analyst that is found against…

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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