Civil Contempt – Contempt action ought to proceed only in respect of established wilful disobedience of the order of the Court – It has to be established that disobedience of the order is “wilful” HELD not open to go into the correctness or otherwise of the order or give additional directions or delete any direction, which course could be adopted only in review jurisdiction and not contempt proceedings.
SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK KUMAR SINGH — Appellant Vs. G. PATTANAIK AND OTHERS — Respondent ( Before : A.M. Khanwilkar and B.R. Gavai, JJ. ) Contempt Petition…
VINOD DUA vs UOI – A citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder. HELD FIR quashed.
SUPREME COURT OF INDIA DIVISION BENCH VINOD DUA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Writ…
IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC HELD The complete data on the Central Government’s purchase history of all the COVID-19 vaccines till date (Covaxin, Covishield and Sputnik V). The data should clarify: (a) the dates of all procurement orders placed by the Central Government for all 3 vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply; and An outline for how and when the Central Government seeks to vaccinate the remaining population in phases 1, 2 and 3. The steps being taken by the Central Government to ensure drug availability for mucormycosis.
SUPREME COURT OF INDIA FULL BENCH IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC ( Before : Dr. Dhananjaya Y. Chandrachud, L Nageswara Rao and S Ravindra Bhat,…
Dowry death – Death due to poisoning- Offences under Section 498-A and Section 304-B, IPC are distinct in nature – Although cruelty is a common thread existing in both the offences, however the ingredients of each offence are distinct and must be proved separately by the prosecution – If a case is made out, there can be a conviction under both the sections.
SUPREME COURT OF INDIA FULL BENCH GURMEET SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and Aniruddha Bose, JJ. ) Criminal…
Dowry death – The essential ingredient of deceased committing suicide has not been proved by the prosecution by adducing sufficient evidence. Prosecution failed to establish the death occurred due to suicide. Therefore, the finding of the Courts below convicting the appellants under Section 306, IPC merits interference . law under Section 304-B, IPC read with Section 113-B, Evidence Act can be summarized
SUPREME COURT OF INDIA DIVISION BENCH SATBIR SINGH AND ANOTHER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : N.V. Ramana, CJI., and Aniruddha Bose, J. ) Criminal…
HELD extraordinary circumstances, when a strict case for grant of anticipatory bail is not made out, and rather the investigating authority has made out a case for custodial investigation, it cannot be stated that the High Court has no power to ensure justice proviso which necessitates the Court pass such an exceptional discretionary protection order for the shortest duration period of 90 days, or three months, cannot be considered reasonable.
SUPREME COURT OF INDIA FULL BENCH NATHU SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and Aniruddha Bose,…
(CrPC) – Section 31(1) – Kidnapping and rape – Multiple punishments of imprisonment – Whether the sentences would run concurrently or consecutively? – Held, It is legally obligatory upon the Court of first instance, while awarding multiple punishments of imprisonment, to specify in clear terms as to whether the sentences would run concurrently or consecutively.
SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR @ SUDHIR KUMAR AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and Aniruddha…
IBC – Approval of a resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee – Release or discharge of a principal borrower from the debt owed by it to its creditor, by an involuntary process, i.e. by operation of law, or due to liquidation or insolvency proceeding, does not absolve the surety/guarantor of his or her liability, which arises out of an independent contract.
SUPREME COURT OF INDIA DIVISION BENCH LALIT KUMAR JAIN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent(S) ( Before : L. Nageswara Rao and S. Ravindra Bhat, JJ.…
CBSE Byelaws Existing On Date Of Results Declaration Will Apply For Certificate Correction
“Considered in the context of the Byelaws, the controversy is actually simple in nature. The Byelaws consistently provide that the period of limitation is to be calculated from the date…
Supreme Court upheld the provisions of Insolvency and Bankruptcy Code, 2016 which applies to personal guarantors of corporate debtors.
The bench dismissed the petition challenging notification dated 15.11.2019 and the Insolvency and Bankruptcy(Application to Adjudicating Authority for Insolvency Resolution Process of Personal Guarantors to Corporate Debtors) Rules, 2019. The Writ Petitioners…