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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)
I P C

Babri Masjid Demolition Case—Earlier charges were dropped against instigators of offence on technical grounds regarding framing of charges— Since a joint charge sheet had already been filed in which instigators were already charged for criminal conspiracy—Appeal of CBI allowed—Directions issued to proceed trial against instigators of crime.

Feb 22, 2018 sclaw

  (2017) 100 ACrC 310 : (2017) 175 AIC 172 : (2017) AIR(SCW) 2020 : (2017) AIR(SC) 2020 : (2017) 2 AllCrlRulings 1350 : (2017) 4 AllLJ 114 : (2017)…

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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