In a pivotal legal development, the Supreme Court has overturned a National Company Law Appellate Tribunal (NCLAT) directive instructing the National Company Law Tribunal (NCLT) to admit a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC), without a comprehensive examination of the rival contentions on their merits. The esteemed bench, led …
In a recent ruling on January 4, the Supreme Court reinforced a well-established legal principle that a statement recorded under Section 313 of the Code of Criminal Procedure, 1973, does not stand as the exclusive foundation for conviction. The court underscored the non-evidentiary nature of the accused’s statement, emphasizing that it lacks the sanctity of …
In a landmark decision, the Supreme Court has firmly affirmed that the modification of arbitral awards is impermissible under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. This decisive stance was reiterated while adjudicating on a plea, where the court emphasized the settled legal position that attempts to modify awards during the …
In a recent legal decision, the Supreme Court has declared that if a detained individual receives the grounds of detention in a language familiar to them and the document explicitly outlines their right to make representation, there is no necessity for additional verbal communication. Addressing the challenge to detention based on alleged failure to inform …
In a decisive move on January 3, the Supreme Court upheld the suspension of the sentence for an accused convicted under Section 138 of the Negotiable Instruments Act, 1881. The accused, Satish P. Bhatt, former Chairman-cum-Managing Director of M/s.Astral Glass Private Limited, and the Vice-Chairman, Vishwanath Ramakrishna Nayak, were handed a ten-month sentence with a …
In a recent landmark decision, the Supreme Court established that tenants cannot assert adverse possession rights against their landlords, citing the inherently permissive nature of their occupancy. A bench led by Justices Vikram Nath and Rajesh Bindal adjudicated an appeal challenging the Allahabad High Court’s dismissal of a suit for ownership/possession on the grounds of …
In a recent ruling, the Supreme Court dismissed charges against an accused-appellant accused of raping a 25-year-old woman under the pretext of marriage. The court, on January 3, asserted that the physical relationship was consensual and ultimately led to marriage, debunking the claim of a false promise. Justices Abhay S. Oka and Pankaj Mithal highlighted …
In a decisive judgment, the Supreme Court established that, within the realm of insurance protection, the pivotal date for all considerations is the issuance date of the policy. The central concern presented to the Court revolved around determining the commencement date of a policy—whether it should be the date of issuance, the commencement date stipulated …
In a recent ruling on January 3, the Supreme Court delved into the intricacies of Section 364A (Kidnapping For Ransom) of the Indian Penal Code, 1860, establishing a meticulous criterion for convictions under this section. The court emphasized that beyond establishing the act of abduction, the prosecution must incontrovertibly prove the demand for ransom along …
In a landmark decision, the Supreme Court has redefined the concept of ‘custody’ under Section 27 of the Indian Evidence Act, asserting that it extends beyond formal arrest. The court, comprising Justices Sanjiv Khanna and SVN Bhatti, declared that the term encompasses various forms of police control, including restraint, surveillance, or any restriction. Diverging from …
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