IBC, 2016 – HELD in the interest of all the stakeholders to permit settlement and withdraw CIRP, the adjudicating authority or the appellate authority cannot sit in an appeal over the commercial wisdom of CoC
SUPREME COURT OF INDIA DIVISON BENCH VALLAL RCK — Appellant Vs. M/S SIVA INDUSTRIES AND HOLDINGS LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai and Hima Kohli, JJ.…
HELD – Mining within the national parks and wildlife sanctuaries shall not be permitted.Ecologically Sensitive Zones (ESZ) of 500 metres would be a reasonable buffer zone, within which subsisting activities which does not come within the prohibited list
SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…
Custody of child – Parents lost due to Covid – Paternal grandparents and maternal aunt & her family (on maternal side) to act jointly and cordially and have cordial relations which shall be in the larger interest of the minor
SUPREME COURT OF INDIA DIVISON BENCH SWAMINATHAN KUNCHU ACHARYA — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. ) Criminal…
BSF constable fired from rifle in self defence – Right of private self defence would be available to the appellant keeping in mind preponderance of probabilities that leans in favour of the appellant – where he was suddenly confronted by a group of intruders, who had come menacingly close to him, were armed with weapons and ready to launch an assault on him, he was left with no other option but to save his life by firing at them
SUPREME COURT OF INDIA DIVISON BENCH EX. CT. MAHADEV — Appellant Vs. THE DIRECTOR GENERAL, BOARDER SECURITY FORCE AND OTHERS — Respondent ( Before : B.R. Gavai and Hima Kohli,…
Civil Service – Re-medical examination – word ‘ordinarily’ has to be conjointly read with the word ‘maximum’ during which the candidate has to approach for re-medical examination from the date of uploading of the medical examination report on the website of the Department
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA — Appellant Vs. K. RAJASHEKHARA REDDY AND ANOTHER — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Civil…
IMP : Once a preliminary decree is passed for partition and separate possession of the property, the court should proceed with the case for drawing up the final decree suo motu – and court list the matter for taking steps under Order XX Rule 18 of the CPC
SUPREME COURT OF INDIA DIVISON BENCH KATTUKANDI EDATHIL KRISHNAN AND ANOTHER — Appellant Vs. KATTUKANDI EDATHIL VALSAN AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Vikram Nath,…
An appeal is a continuation of the original proceedings – Appellate courts jurisdiction involves a rehearing of appeal on questions of law and fact – First appeal is a valuable right, and, at that stage, all questions of fact and law decided by the Trial Court are open for re-consideration
SUPREME COURT OF INDIA DIVISON BENCH SOMAKKA (DEAD) BY LRS. — Appellant Vs. K.P. BASAVARAJ(DEAD) BY LRS. — Respondent ( Before : S. Abdul Nazeer and Vikram Nath, JJ. )…
Recovery Certificate – would be a “financial debt” – the holder of such certificate would be entitled to initiate Corporate Insolvency Resolution Process (CIRP), if initiated within a period of three years from the date of issuance of the Recovery Certificate.
SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK LIMITED — Appellant Vs. A. BALAKRISHNAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and A.S. Bopanna,…
Constitution of India, 1950 – Article 161 – It is well-settled that the advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161.
SUPREME COURT OF INDIA FULL BENCH A.G. PERARIVALAN — Appellant Vs. STATE, THROUGH SUPERINTENDENT OF POLICE CBI/SIT/MMDA, CHENNAI, TAMIL NADU AND ANOTHER — Respondent ( Before : L. Nageswara Rao,…
Bank could not have continued the proceedings under the SARFAESI Act once the Corporate Insolvency Resolution (CIRP) was initiated and the moratorium was ordered.
SUPREME COURT OF INDIA DIVISON BENCH INDIAN OVERSEAS BANK — Appellant Vs. M/S RCM INFRASTRUCTURE LTD. AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…