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Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored. Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare. Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor. Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences. Coal Allocation and Supply — Dispute regarding supply of coal and compensation for wrongfully suspended supply — Supreme Court clarified that Union of India and SECL were obligated to supply coal at the current price/prevalent policy as of either April 9, 2014, or May 17, 2019, and gave the choice to the Respondent/PIL to select one of these dates for the purpose of determining the current price and prevalent policy for the proposed Fuel Supply Agreement for the suspended period — The Fuel Supply Agreement was to be entered into within four weeks of the Respondent’s choice, with coal supply being on a normal coal linkage basis, not tapering.

Electricity Supply Cannot Be Disconnected For Recovery Of Additional Demand Raised After Expiry Of Two Years Limitation Period HELD Section 56(2) however, does not preclude the licensee company from raising a supplementary demand after the expiry of the limitation period of two years. It only restricts the right of the licensee to disconnect electricity supply due to non-payment of dues after the period of limitation of two years has expired

Electricity Supply Cannot Be Disconnected For Recovery Of Additional Demand Raised After Expiry Of Two Years Limitation Period: SC [Read Judgment] LIVELAW NEWS NETWORK 19 Feb 2020 2:31 PM The…

Matrimonial Dispute – Petitioner has stated in her application that she is left homeless – Court are not entering into the merits of the rival contentions between the parties which will be heard at a future date – By way of an ad-hoc arrangement, This Court direct the respondent to pay a lump sum amount of Rs 4 lakhs to the petitioner on or before 31 March 2020.

SUPREME COURT OF INDIA DIVISION BENCH NEELAM MANMOHAN ATTAVAR — Appellant Vs. MANMOHAN ATTAVAR (D) THR LRS. — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A.…

Penal Code, 1860 (IPC) -Sections 419, 420, 467, 468 and 471 – Allegation is that the appellant had sold the same flat to two persons – Continued custody of the appellant is not warranted – Charges have already been framed – Appellant has been in custody for over a year and three months – This Court direct that the appellant be released on bail

SUPREME COURT OF INDIA DIVISION BENCH KHURSHID KHAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Surya Kant, JJ. ) Criminal…

Registration of vehicles – As per the details of vehicles and chassis number filed by learned counsel, pursuant to this Court’s order, as they have already been purchased and are BS-IV compliant, as a one time measure they are ordered to be registered within ten days of lifting of lock-down in the city concerned,

SUPREME COURT OF INDIA DIVISION BENCH NORTH DELHI MUNICIPAL CORPORATION — Appellant Vs. GNCTD — Respondent ( Before : Arun Mishra and Deepak Gupta, JJ. ) Civil Appeal No(s). 4908-4909/2019…

Bail – Humanitarian grounds – There is no member of the family who is available to look after the spouse of the applicant and she is presently in the care of domestic staff – Applicant’s spouse had undergone three invasive open heart cardiac surgeries in the past and that she suffers from other serious medical conditions – In the past, when the applicant was released on interim bail, he had complied with the conditions which were imposed by the Court and had returned to custody as directed

SUPREME COURT OF INDIA DIVISION BENCH SUBRATA BHATTACHARYA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ.…

Penal Code, 1860 – Sections 420, 467, 468 and 471 – Grant of interim bail – Medical grounds – Applicant is a builder who is alleged to have defrauded nearly 1400 persons and to have collected an amount of over Rs 40 crores – Since the applicant has been in custody for over three and half years and has suffered from cancer for which he had to undergo surgery – It appropriate and proper to direct release of the applicant on interim bail for a period of six weeks

SUPREME COURT OF INDIA DIVISION BENCH AZAM KHAN — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A. No.47747/2020 in…

Measures for protection of health and welfare of the prisoners to restrict the transmission of COVID-19 – HELD Taking into consideration the possibility of outside transmission, this Court directs that the physical presence of all the undertrial prisoners before the Courts must be stopped forthwith and recourse to video conferencing must be taken for all purposes – Also, the transfer of prisoners from one prison to another for routine reasons must not be resorted except for decongestion to ensure social distancing and medical assistance to an ill prisoner

SUPREME COURT OF INDIA FULL BENCH IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS ( Before : Sharad Arvind Bobde, C.J.I, L. Nageswara Rao and Surya Kant, JJ. )…

Application Not Necessary For Producing Secondary Evidence : SC HELD foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed.”

Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment] LIVELAW NEWS NETWORK 27 March 2020 3:38 PM In a judgment delivered on March 19, the Supreme Court has…

Coronavirus: Consider bail for all undertrials facing up to 7 years in jail to decongest prisons, Supreme Court to states HELD “…the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less”,

  Coronavirus: Consider bail for all undertrials facing up to 7 years in jail to decongest prisons, Supreme Court to states “…the State/Union Territory could consider the release of prisoners…

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