Supreme Court of India Judgements

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Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1) Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19) Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19) Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11) Prevention of Corruption Act, 1988 (PC Act) — Section 18A — PC Act read with Criminal Law Amendment Ordinance, 1944 — Code of Criminal Procedure, 1973 (CrPC) — Section 102 — Seizure vs. Attachment/Confiscation of Property — Whether power of police officer to freeze accounts under Section 102 CrPC is co-existent or mutually exclusive with the machinery for attachment under Section 18A PC Act — Held, the powers are separate, distinct, and co-existent, not mutually exclusive. (Paras 2, 8, 11)
Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)

Dec 13, 2025 sclaw
Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)
Contempt
Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)
Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)
I B C
Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)
I B C
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)
Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11)
Arbitration
Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11)
Specific Performance

Agreement to Sell—Concurrent findings of fact—The issue of readiness and willingness is the most important issue for considering the grant of specific performance of the contract and the same having been held (in favour or against the plaintiff) by the Courts below on appreciation of evidence; is binding even on Supreme Court

Jul 21, 2019 sclaw

2019(1) Law Herald (P&H) 855 (SC) : 2019 LawHerald.Org 608 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice indu Malhotra Civil Appeal…

I P C

Dowry Death—Causing disappearance of Evidence—Acquittal—Appellants were acquitted u/ s 304-B IPC but were convicted u/s 201 IPC-Conviction u/s 201IPC could not be made merely on an assumption that the cremation of the body of deceased was not possible without the active connivance of the Appellants—Appellants held entitled to benefit of doubt-­ Appellants acquitted under 201 IPC also.

Jul 14, 2019 sclaw

2019(2) Law Herald (SC) 1742 : 2019 LawHerald.Org 1021 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…

Cr P C

Examination of Witness—Video Conferencing—In a criminal trial, where the witness was found residing/situate outside India and whose evidence was essential for the case set up by the prosecution then evidence of witness can be recorded through video conferencing Examination of Witness—Mere long pendency of trial by itself cannot be a ground for declining an application for examination of material witness

Jul 14, 2019 sclaw

2019(2) Law Herald (SC) 1716 : 2019 LawHerald.Org 1030 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Honble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

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Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)

Dec 13, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11)

Dec 13, 2025 sclaw