Supreme Court of India Judgements

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

Category: Corporate

Corporate SEBI

Out of the total amount of Rs. 24,979.67 Crores lying in the “Sahara-SEBI Refund Account”, Rs. 5000 Crores be transferred to the Central Registrar of Cooperative Societies, – which shall be paid to the genuine depositors in the most transparent manner and on proper identification and on submitting proof of their deposits and proof of their claims and to be deposited in their respective bank accounts directly.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PINAK PANI MOHANTY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) I.A.…

Corporate SEBI

HELD the question stock broker not only has to obtain a certificate of registration from SEBI for each of the stock exchange where he operates, at the same time, has to pay ad valorem fee prescribed no more res integra in view of Securities and Exchange Board of India Vs. National Stock Exchange Members Association and Another 2022 SCCOnline SC 1392

Mar 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GPSK CAPITAL PRIVATE LIMITED (FORMERLY KNOWN AS MANTRI FINANCE LIMITED) — Appellant Vs. THE SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before…

Corporate

HELD that on approval of a scheme by the BIFR under the Sick Industrial Companies (Special Provisions) Act, 1985, the unsecured creditors has an option not to accept the scaling down value of its dues and to wait till the rehabilitation scheme of the sick company has worked itself out with an option to recover the debt with interest post such rehabilitation is erroneous and contrary to the scheme of SICA, 1985

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MODI RUBBER LIMITED — Appellant Vs. CONTINENTAL CARBON INDIA LIMITED — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ. ) Civil Appeal…

C P C Corporate

Injunction – While passing an order of injunction, the Courts are required to be guided by the principles of prima facie case, balance of convenience and irreparable injury – A blanket order directing maintenance of status quo in respect of the all 11 properties admeasuring 115 acres is not justified

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVELOPER GROUP INDIA PRIVATE LIMITED — Appellant Vs. SURINDER SINGH MARWAH AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ.…

Corporate

What is the scope and ambit of S 111A of the 1956 Companies Act, as amended by S 59 of the 2013 Act, to rectify the register of members? – Held, Rectificatory jurisdiction under Section 59 of the 2013 Act is summary in nature and not intended to be exercised where there are contested facts and disputed questions

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IFB AGRO INDUSTRIES LIMITED — Appellant Vs. SICGIL INDIA LIMITED AND OTHERS — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha, JJ.…

Corporate

Micro, Small and Medium Enterprises Development Act, 2006 – Section 18(2) – Arbitration and Conciliation Act, 1996 – Section 80 – Facilitation Council, which had initiated the Conciliation proceedings under Section 18(2) of the MSMED Act, 2006 would be entitled to act as an arbitrator despite the bar contained in Section 80 of the Arbitration Act.

Nov 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GUJARAT STATE CIVIL SUPPLIES CORPORATION LIMITED — Appellant Vs. MAHAKALI FOODS PRIVATE LIMITED (UNIT 2) AND ANOTHER — Respondent ( Before : Uday Umesh…

Constitution Corporate

Benefit of Additional licence – Export of processed iron ore – Merely because some others are granted the benefit wrongly, the appellant cannot be permitted to pray for the similar benefits – There cannot be any negative discrimination which may perpetuate the illegality

Nov 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHOWGULE & COMPANY LIMITED — Appellant Vs. ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS — Respondent ( Before : M.R. Shah and Krishna…

Constitution Corporate

Company Secretaries Regulations, 1982 – Regulations 92(2) and 117(2) – Applicability of Regulation 92(2) – Regulation 92(2) shall be applicable only in a case of absence and not in a case where the post of Chairman and/or office bearer has fallen vacant – There is a distinction between the absence and the post fallen vacant

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INSTITUTE OF COMPANY SECRETARIES OF INDIA — Appellant Vs. BIMAN DEBNATH AND OTHERTS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ.…

You missed

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