Supreme Court Archives

Supreme Court reaffirms that NCLT under S. 7(5) of Insolvency and Bankruptcy Code has discretionary power to admit or reject an application

Supreme Court: In a review petition filed by Axis Bank against Supreme Court’s judgment in Vidarbha Industries Power Ltd. v.

Case Briefs Supreme Court

Militant’s encounter matter of National Security; Exhumation cannot be claimed as a matter of right: Supreme Court asks Centre to make law

The Court has asked the Union of India to consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand.

Case Briefs Supreme Court

Supreme Court upholds eco-sensitive zone notifications for Sanjay Gandhi National Park and Thane Flamingo Creek Sanctuary; Huge relief to developers and flat buyers

Supreme Court: In a writ petition and interlocutory applications filed seeking clarification of the judgment dated 03.06.2022 passed by the

Case Briefs Supreme Court

“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC

“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”

Case Briefs Supreme Court

Unmarried persons cannot be denied rights based on narrow patriarchal principles on “permissible sex”: Key takeaways from SC’s historic verdict on right to safe abortion

While the interim order was passed in the case on 21.07.2022, the Supreme Court took over two months to write a far-reaching 75-pages-long verdict, touching upon various aspects like purposive interpretation of Medical Termination of Pregnancy laws, equal status of married and unmarried or single women, right to reproductive autonomy, right to dignity, effect of unwanted pregnancy on mental health of women, etc.

Case Briefs Supreme Court

Hiding criminal antecedents while applying for Government job? Good enough reason for employer to terminate services. Read Supreme Court’s clear principles governing such cases

Supreme Court: While dealing with a case relating to termination of a CRPF probationer for suppressing material information relating to his criminal

Case Briefs Supreme Court

Explained| Admiralty Law: Scope of Intra-Court appeals from interim orders to Commercial Appellate Division of the High Court

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has held that an appeal does not lie to the Commercial

Case Briefs Supreme Court

Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?

Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed

Case Briefs Supreme Court

Prophet Remark Row| All FIRs against Journalist Navika Kumar clubbed. Here’s how Supreme Court’s order in Nupur Sharma case helped her

Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has transferred all the FIRs filed against Time Now anchor Navika

Case Briefs Supreme Court

Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court

Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance

Case Briefs Supreme Court

Supreme Court observes documents relied upon for formation of opinion under Rule 3 of the SEBI Adjudication Rules 1995, not required to be disclosed to the noticee unless relied upon in the inquiry

Supreme Court: In a special leave petition against the impugned judgment passed by the Bombay High Court, whereby, the Court dismissed the

Case Briefs Supreme Court

Closure of Bio-Medical Waste Treatment Facility, only for want of prior Environmental Clearance, would be against public interest: Supreme Court

Supreme Court: In a case where the closure of a Common Bio-Medical Waste Treatment Facility was sought for want of Environmental Clearance

Case Briefs Supreme Court

IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court

“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”

Case Briefs Supreme Court

Supreme Court| Non-disclosure of assets in the municipal elections would also amount to ‘undue influence’ and consequently to ‘corrupt practice’

Supreme Court: In a Special leave petition under Article 136 of the Constitution against a judgment passed by the High

Case Briefs Supreme Court

Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers

“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”

Case Briefs Supreme Court

Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court

Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being

Case Briefs Supreme Court

Supreme Court upholds the constitutional validity of the Haryana Sikh Gurdwara (Management) Act, 2014

Supreme Court: In the writ petitions challenging the constitutionality Haryana Sikh Gurdwara (Management) Act, 2014, the division bench of Hemant Gupta* and

Case Briefs Supreme Court

Pre-sentence hearing in Capital Punishment Cases: Mandatory or discretionary? CJI lead 3-judges Bench refers question to Constitution Bench

Supreme Court: In a suo motu case initiated to address the question as to whether the provision of pre-sentence hearing in capital

Case Briefs Supreme Court

Supreme Court finds High Court and Tribunal finding erroneous for applying standard meant for ad hoc promotions to the case of regular promotions

Supreme Court: In three appeals against an order directing separate zone of consideration for promotion of Scheduled Caste (SC)/Scheduled Tribe

Case Briefs Supreme Court

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”

SCC Blog

Supreme Court

Supreme Court reaffirms that NCLT under S. 7(5) of Insolvency and Bankruptcy Code has discretionary power to admit or reject an application

Militant’s encounter matter of National Security; Exhumation cannot be claimed as a matter of right: Supreme Court asks Centre to make law

Supreme Court upholds eco-sensitive zone notifications for Sanjay Gandhi National Park and Thane Flamingo Creek Sanctuary; Huge relief to developers and flat buyers

“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC

Unmarried persons cannot be denied rights based on narrow patriarchal principles on “permissible sex”: Key takeaways from SC’s historic verdict on right to safe abortion

Hiding criminal antecedents while applying for Government job? Good enough reason for employer to terminate services. Read Supreme Court’s clear principles governing such cases

Explained| Admiralty Law: Scope of Intra-Court appeals from interim orders to Commercial Appellate Division of the High Court

Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?

Prophet Remark Row| All FIRs against Journalist Navika Kumar clubbed. Here’s how Supreme Court’s order in Nupur Sharma case helped her

Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court

Supreme Court observes documents relied upon for formation of opinion under Rule 3 of the SEBI Adjudication Rules 1995, not required to be disclosed to the noticee unless relied upon in the inquiry

Closure of Bio-Medical Waste Treatment Facility, only for want of prior Environmental Clearance, would be against public interest: Supreme Court

IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court

Supreme Court| Non-disclosure of assets in the municipal elections would also amount to ‘undue influence’ and consequently to ‘corrupt practice’

Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers

Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court

Supreme Court upholds the constitutional validity of the Haryana Sikh Gurdwara (Management) Act, 2014

Pre-sentence hearing in Capital Punishment Cases: Mandatory or discretionary? CJI lead 3-judges Bench refers question to Constitution Bench

Supreme Court finds High Court and Tribunal finding erroneous for applying standard meant for ad hoc promotions to the case of regular promotions

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

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Explained| Order 6 Rule 17 CPC: Doctrine of dominus litus for amendment of plaint

RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings

Can Arbitration Proceedings Against a Director/Promoter Continue Even after Moratorium is Imposed on the Principal Debtor Company

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Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

Prateek Desai joins Khaitan & Co as Partner in New Delhi

Delhi High Court | Mere signing documents in English does not mean the detenue has a working knowledge of English; detention order set aside

We Dissent!: Here’s why 2 out of 5 judges ruled against Madras High Court’s original jurisdiction in child custody cases

Delhi High Court directs Government to ensure strict compliance of Prevention of Cruelty to Animals (Amendment) Rules, 2020 while transporting camels for Independence/Republic Day celebrations

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