Supreme Court dismisses former ICICI CEO Chanda Kochhar’s plea for interim release of Retiral benefits
Earlier, the Bombay High Court had denied her plea for reinstatement of her Employee Stock Options.
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This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court 5-Judge Bench Ruling on Group of Companies Doctrine: What You Need to Know
“Even though a subsidiary derives interests or benefits from a contract entered into by the company within a group, they would not be covered under the expression “claiming through or under” merely on the basis that it shares a legal or commercial relationship with the parties.”
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In Re: Right to Privacy of Adolescent | SC frowns upon Calcutta HC’s advise to girls to control sexual urge; ‘Judges to avoid expression of Personal views’
“The Calcutta High Court advised adolescent girls to protect their dignity, privacy, self-worth and control their sexual urge.”
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Read why Supreme Court held unilateral revision of fee won’t hold Arbitral Tribunal ineligible
“The increase of fee does not amount to a per se ineligibility, reaching to the level of voiding the Tribunal’s appointment, and terminating its mandate.”
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Special Rules like Standing Orders override general CCA Rules, 1965: Supreme Court reiterates
Supreme Court clarified that Standing Orders cover wider activities of workmen and were workmen specific, yet, in view of Section 13B of 1946 Act, a specific notification can be made applying CCA Rules 1965 to that specific aspect, but a notification was necessary.
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‘HC should not have examined and evaluated facts in detail’; Supreme Court restores Cheating Case against Mehul Choksi and his wife
Supreme Court expressed that the High Court should not have examined and recorded the conclusion on the disputed fact to quash the FIR.
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Skipping to reconsider Minakshi Bala case, Supreme Court surveys judgments on discharge of accused to set aside vexatious prosecution
“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”
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Group of Companies Doctrine applicable in Indian Arbitration Jurisprudence; Can bind non-signatory parties to Arbitration Agreement: Supreme Court 5 Judge Bench
“The approach in Chloro Controls India Private Limited v. Severn Trent Water Purification, (2013) 1 SCC 641 to the extent that it traces the group of companies doctrine to the phrase ‘claiming through or under’ as given under Section 8 of the Arbitration Act was erroneous and against the well settled principles of contract in commercial law”.
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[Section 35 Stamp Act] Insufficiently stamped documents cannot be prohibited from admission in evidence, if not chargeable with stamp duty: Supreme Court
“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”
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Explained| Supreme Court verdict in Kannur University Vice Chancellor reappointment Case
Supreme Court held that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Kannur University Act, 1996 for the purpose of reappointment.
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Supreme Court delineates normal promotion as against promotion through Limited Departmental Competitive Examination (LDCE)
“Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion.”
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“18 months D.El.Ed. Diploma by NIOS in Elementary Education not equal to 2 years regular Diploma”: Supreme Court
“The Uttarakhand High Court erred in its findings that 18 months Diploma in Elementary Education conducted through ODL mode in elementary education by the NIOS is a valid Diploma”.
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Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide
“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”
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Supreme Court grants bail to Disabled Person held in custody for 5+ years as undertrial prisoner in murder case
Supreme Court directed the petitioner to cooperate in the early conclusion of the trial and not to interact with any of the witnesses in the instant case.
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Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC
“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”
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Supreme Court | No anticipatory bail for IPS Officer accused of impersonation of Chief Justice of Patna HC on WhatsApp
“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”
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Criminal Conspiracy to be ‘scheduled offence’ under PMLA only if conspiracy is to commit an already Scheduled offence: Supreme Court
“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”
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Appointments can only be made for vacancies advertised, holds Supreme Court; 2 Judges retain Posts despite flawed 2013 Selection Process
Supreme Court reiterated the timeline fixed in Malik Mazhar for vacancies to be declared on 15th January each year, and the process has to be completed by October of the same year.
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Supreme Court issues directions to streamline adoption process under Juvenile Justice Act
“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
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[RSS Route March] Supreme Court directs TN Government to submit proposal before Madras HC on allowing future route marches without Court’s intervention
Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023
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