Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Corporate

Corporate

Insolvency—Winding up petition—Cases where the BIFR has forwarded an opinion to the High Court to wind up a company under Section 20 of the SIC Act, all such cases, are not to be transferred to NCLT. Insolvency and Bankruptcy Code, 2016, S.238–Transfer of Petition-Winding up petition—Cases where the BIFR has forwarded an opinion to

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 220 : 2018 LawHerald.Org 2060 (2019) 1 RCR(Civil) 358 : (2018) 15 Scale 836 : (2019) 151 SCL 196 IN THE SUPREME COURT OF INDIA Before…

Corporate

Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter ‘T’ for letter ‘O’ would create confusion on the ground of deceptive similarity—Reputation of plaintiffs Trademark has been established and there is likelihood of its damage—Findings of Division bench upheld

Feb 17, 2019 sclaw

2018(4) Law Herald (SC) 3198 : 2018 LawHerald.Org 1929 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No. 9844…

Corporate

Theft of electricity by a company–Prosecution of directors of company– It was obligatory on the part of the complainant not only to make requisite averments in the complaint petition but also to prove that any of the Directors who had been prosecuted for alleged commission of the aforementioned offence was incharge of and was otherwise responsible for the conduct or the affairs of the Company– Conviction set aside

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 314 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice  S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Criminal Appeal No. 1962 of 2008…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw