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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.

Income Tax Act, 1961 – Rule 16(2) – Attachment (DRT) – If an attachment has been made under Schedule II to the Act, any private transfer or delivery of the property shall be void as against all claims enforceable under the attachment HELD Rule 16(1) also stipulates that no civil court can issue any process against such property in execution of a decree for the payment of money. However, the property can be transferred with the permission of the Tax Recovery Officer.

SUPREME COURT OF INDIA DIVISION BENCH M/S. CONNECTWELL INDUSTRIES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA THROUGH MINISTRY OF FINANCE AND OTHERS — Respondent ( Before : L. Nageswara…

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC HELD “If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is cause to believe otherwise. “

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC [Read Judgment] Ashok Kini 4 March 2020 9:22 PM “If the driver produces a licence…

Constitution of India, 1950 – Articles 370 and 370(2) – Abrogation of Article 370 – Refering the issue of scrapping Article 370 in Jammu and Kashmir to a larger bench – There is no conflict between the judgments in the Prem Nath Kaul v. State of Jammu and Kashmir, AIR 1959 SC 749 and the Sampat Prakash v. State of Jammu and Kashmir, AIR 1970 SC 1118 – Plea of the counsel to refer the present matter to a larger Bench is rejected.

SUPREME COURT OF INDIA CONSTITUTION BENCH DR. SHAH FAESAL AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : N.V. Ramana, Sanjay Kishan Kaul, R.…

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – Sections 161 and 157-B – Transfer of lands by persons belonging to Scheduled Tribe – HELD there is clear bar under Section 157-B of the Act for transfer of land by a Scheduled Tribe even by way of exchange as the word “or otherwise” indicates. When there is a clear statutory provision barring the transfer, it was not open to the High Court to substitute its view in the place of that provision.

SUPREME COURT OF INDIA FULL BENCH ADDITIONAL COMMISSIONER REVENUE AND OTHERS — Appellant Vs. AKHALAQ HUSSAIN AND ANOTHER — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and A.S.…

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 511, 109, 34, 120­B, 406, 409, 420, 405, 417 and 426 – Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI) – Section 13(2) – Quashing of criminal proceeding – HELD The SARFAESI Act is a complete code in itself which provides the procedure to be followed -A criminal proceeding would not be sustainable in a matter of the present nature, exposing the appellants even on that count to the proceedings before the Investigating Officer or the criminal court would not be justified

SUPREME COURT OF INDIA FULL BENCH K. VIRUPAKSHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and…

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