(NDPS) – Section 21(C), 27(A) and 29 – Suspension of sentence – Recovery of 650 grams of heroin – Commercial quantity – No reason to exercise the jurisdiction under Article 136 of the Constitution.
SUPREME COURT OF INDIA DIVISION BENCH MD. KHALIK — Appellant Vs. UNION OF INDIA — Respondent ( Before : D.Y. Chandrachud and M.R. Shah, JJ. ) Petition(s) for Special Leave…
PMLA – Search and seizure – If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner – Authorised Officer is vested with sufficient power; such power is circumscribed by a procedure laid down under the statute – As such the power is to be exercised in that manner alone,
SUPREME COURT OF INDIA FULL BENCH OPTO CIRCUIT INDIA LIMITED — Appellant Vs. AXIS BANK AND OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian,…
IBC – A person having only security interest over the assets of corporate debtor, even if falling within the description of ‘secured creditor’ by virtue of collateral security extended by the corporate debtor, would not be covered by the financial creditors as per definitions contained in sub-section (7) and (8) of Section 5.
SUPREME COURT OF INDIA FULL BENCH PHOENIX ARC PRIVATE LIMITED — Appellant Vs. KETULBHAI RAMUBHAI PATEL — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…
Prevention of Corruption Act, 1988 – Sections 7, 13(2) and 13(1)(d) – Illegal gratification – Acquittal – Absence of proof of demand for illegal gratification and mere possession or recovery of currency notes is not sufficient to constitute such offence.
1/9 SUPREME COURT OF INDIA FULL BENCH N. VIJAYAKUMAR — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…
(CrPC) – Section 482 – Main allegation was against accused but the prosecutrix married him and had given birth to two children out of that wedlock – In the absence of any allegation against accused – Continuation of proceedings against him is nothing but an abuse of process of law.
SUPREME COURT OF INDIA DIVISION BENCH VISHWAS BHANDARI — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Hemant Gupta and S. Ravindra Bhat, JJ. ) Criminal…
(NDPS) – Section 20 – Recovery of 11 kgs of ganja – Reduction of sentence – Appellant committed the crime in the year 1997, i.e., much before the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 came into force – reduced to the period of sentence already undergone.
SUPREME COURT OF INDIA FULL BENCH SK. SAKKAR @ MANNAN — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : N.V. Ramana, Surya Kant and Aniruddha Bose, JJ.…
Housing – Allotment of plot – Non-Participation of Allotment Process – Availability of the plot does not give any entitlement to a person who has no right to claim allotment – Any allotment has to be made in accordance with the procedure prescribed and the Rules of the Parishad
SUPREME COURT OF INDIA DIVISION BENCH U.P. HOUSING AND DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. NAMIT SHARMA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…
Illegal gratification – presumption of innocence as would be there in the case of acquittal – High Court decision is based on totally erroneous view of law by ignoring the settled legal position – High Court in dealing/non – dealing with the evidence was patently illegal leading to grave miscarriage of justice – Matter deserves to be remanded
SUPREME COURT OF INDIA FULL BENCH STATE OF GUJARAT — Appellant Vs. BHALCHANDRA LAXMISHANKAR DAVE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M. R. Shah, JJ.…
Migration – Regulation clearly lays down a restriction of migration from an unrecognised college to a recognised college – Regulation 6(2) provides that migration is permissible only if both the Colleges are recognised u/s 11(2) of the Indian Medical Council Act, 1956
SUPREME COURT OF INDIA DIVISION BENCH MEDICAL COUNCIL OF INDIA — Appellant Vs. ANCHAL PARIHAR AND OTHERS. — Respondent ( Before : L. Nageswara Rao and Indira Banerjee, JJ. )…
IBC – – Held, Exclusion under the first proviso to Section 21(2) is related not to the debt itself but to the relationship existing between a related party financial creditor and the corporate debtor – As such, the financial creditor who in praesenti is not a related party, would not be debarred from being a member of the Committee of Creditors
1/37 SUPREME COURT OF INDIA FULL BENCH PHOENIX ARC PRIVATE LIMITED — Appellant Vs. SPADE FINANCIAL SERVICES LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indu…