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Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law. . Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations. Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination. Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent Essential Commodities Act, 1955 — Sections 3, 7 — Cement Control Order, 1967 — Maharashtra Cement (Licensing and Control) Order, 1973 — Decontrol of cement price and distribution from March 1, 1989 — Conviction for offences relating to cement contravention after decontrol — Unsustainable in law — Prosecution fundamentally unsustainable due to absence of operative control order on relevant date.

Kerala Panchayat Raj Act, 1994 – Section 52(1A) read with Section 102(1)(ca) – Election – Non-disclosure of conviction – Failure to disclose conviction for an offence under the Kerala Police Act for holding a dharna in front of the Panchayat office, not a ground for declaring an election void – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH RAVI NAMBOOTHIRI — Appellant Vs. K.A. BAIJU AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V.Ramasubramanian, JJ. ) Civil Appeal Nos.…

Suit for specific performance – There was no specific issue framed by the learned Trial Court on readiness and willingness on the part of the plaintiff – There must be a specific issue framed on readiness and willingness on the part of the plaintiff in a suit for specific performance and before giving any specific finding, the parties must be put to notice. Remanded

SUPREME COURT OF INDIA DIVISION BENCH V.S. RAMAKRISHNAN — Appellant Vs. P.M. MUHAMMED ALI — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal Nos. 8050-8051…

Standard Fire & Special Perils policy – Once it is proved that there is a deficiency in service and that insurance company knowingly entered into a contract, notwithstanding the exclusion clause, the consequence would flow out of it HELD per the common law principle of acquiescence and estoppel, insurance cannot be allowed to take advantage of its own wrong, if any. It is a conscious waiver of the exclusion clause by insurance company.

SUPREME COURT OF INDIA DIVISION BENCH M/S TEXCO MARKETING PVT. LTD. — Appellant Vs. TATA AIG GENERAL INSURANCE COMPANY LTD. AND OTHERS — Respondent ( Before : Surya Kant and…

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – jurisdiction of a Civil Court to try a suit filed by a borrower against a Bank Not ousted by RDB Act – the proceedings under the RDB Act will not be impeded in any manner by filing of a separate suit before the Civil Court – there is no question of transfer of the suit whether by consent or otherwise to DRT

SUPREME COURT OF INDIA FULL BENCH BANK OF RAJASTHAN LIMITED — Appellant Vs. VCK SHARES & STOCK BROKING SERVICES LIMITED — Respondent ( Before : Sanjay Kishan Kaul, Abhay S.…

Stamp (West Bengal Amendment) Act, 1990 – Section 47A – Public auction – Market value of property – Determination of – to say that even in a court monitored auction, the Registering Authority would have a say on what is the market price, would amount to the Registering Authority sitting in appeal over the decision of the Court permitting sale at a particular price.

SUPREME COURT OF INDIA FULL BENCH REGISTRAR OF ASSURANCES AND ANOTHER — Appellant Vs. ASL VYAPAR PRIVATE LTD. AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul, Abhay S.…

University Grants Commission Regulations, 2018 – – the members of such Search-cum-Selection Committee shall be the persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges – While preparing the panel, the Search Committee shall give proper weightage to the academic excellence etc.

SUPREME COURT OF INDIA DIVISION BENCH PROF. NARENDRA SINGH BHANDARI — Appellant Vs. RAVINDRA JUGRAN AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

Once an application was preferred by any of the parties that a review may be heard by the Judge who had decided the matter and had passed the order from which the review arose, the matter ought to have been placed before the Chief Justice on the administrative side rather than order being passed on the judicial side.

SUPREME COURT OF INDIA DIVISION BENCH SURESH G. RAMNANI — Appellant Vs. AURELIA ANA DE PIEDADE MIRANDA @ ARIYA ALVARES (DEAD THR. LRS) AND OTHERS — Respondent ( Before :…

Sale Contract – Letter of credit – A letter of credit is independent of and unqualified by the contract of sale or underlying transactions – Autonomy of an irrevocable LOC is entitled to protection and as a rule, courts refrain from interfering with that autonomy – If courts interfere in such transactions, it would be prone to misuse by the applicant party

SUPREME COURT OF INDIA DIVISION BENCH M/S BAWA PAULINS PVT. LTD. — Appellant Vs. UPS FREIGHT SERVICES (INDIA) PVT. LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and…

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