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…
Bail granted – the presence of statutory restrictions like Section 43D (5) of UAPA perse does not oust the ability of Constitutional Courts to grant bail on grounds of violation of Part III of the Constitution –
SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA — Appellant Vs. K.A. NAJEEB — Respondent ( Before : N.V. Ramana, Surya Kant and Aniruddha Bose, JJ. ) Criminal Appeal…
(CrPC) – Section 482 – Complainant does not even remember the place or the address – Complainant refused to undergo a medical examination – quashing petition expeditiously
SUPREME COURT OF INDIA DIVISION BENCH SANAM GUPTA — Appellant Vs. THE STATE OF RAJASTHAN AND ANOTHER. — Respondent ( Before : Dr. D.Y. Chandrachud and M.R. Shah, JJ. )…
Remedies for enforcement of rights – Whether a particular device should be adopted for controlling air pollution is a matter of policy which lies within the domain of the statutory authorities concerned
SUPREME COURT OF INDIA DIVISION BENCH MADAN MOHAN MANOCHA — Appellant Vs. CENTRAL POLLUTION CONTROL BOARD (CPCB) AND ANOTHER — Respondent ( Before : Dr. D.Y. Chandrachud and M.R. Shah,…
Recording of Reasons – It is not necessary in the matter below to record elaborate reasons but since these matters are carried forward to this Court, the reasons, albeit brief, have to be recorded to facilitate this Court to understand
SUPREME COURT OF INDIA DIVISION BENCH SUNITA AGRAWAL — Appellant Vs. BHANWARLAL AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. ) Civil Appeal No.…
Succession certificate – Transfer of proceedings – Parties shall produce the copy of the Settlement Agreement and the copy of this order before the Court where the proceedings are pending or before the Authorities who hold the properties of the deceased or the companies which owe money or in which shares are held by the deceased, so that they act accordingly to the satisfaction of both the parties
SUPREME COURT OF INDIA SINGLE BENCH KRITI AGARWAL — Appellant Vs. VEENA RASTOGI — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No. 166 of 2019 Decided…
Suit for injunction – Trespasser, who is in established possession of the property could obtain injunction – – rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.
SUPREME COURT OF INDIA FULL BENCH A. SUBRAMANIAN AND ANOTHER — Appellant Vs. R. PANNERSELVAM — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. )…
Wastage of judicial time – Imposition of costs – Amount be recovered from the officers responsible for the delay in filing the Special Leave Petition.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. JAYASANKARAN — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. ) SLP…
Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302, 506 and 34 – Bail – Appellant has already undergone more than 11 years in jail – Bail granted
SUPREME COURT OF INDIA DIVISION BENCH ASLAM — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal No.…
Arb and C Act, 1996 – Ss 11 & 11(6) – Appointment – if the petitioner has any grievance with regard to the manner in which the Arbitrator has been appointed and has entered reference, the contentions could be urged before the Arbitrator by way of objection or in such other proceedings – A petition under Section 11(6) seeking appointment of the Arbitrator in this situation, is not sustainable.
1/3 SUPREME COURT OF INDIA FULL BENCH EUROBEARINGS INDIA PRIVATE. LIMITED — Appellant Vs. EUROBEARINGS R.I. — Respondent ( Before : S.A Bobde, CJI, A.S. Bopanna and V. Ramasubramanian, JJ.…