In a landmark decision, the Supreme Court has asserted that the non-obstante clause found in Section 109A(3) of the Companies Act, 1956, and Bye-law 9.11.7 of the Depositories Act, 1996, does not preclude legal heirs from rightfully claiming securities against the nominee. The court clarified that the non-obstante clause’s primary purpose is to empower companies …
In a recent judgment, the High Court of Jammu & Kashmir and Ladakh at Srinagar has quashed a preventive detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1985. The case, presided over by Hon’ble Mr. Justice Rahul Bharti, highlights the crucial aspects of preventive detention and its permissible …
J&K&L High Court Overturns Detention under NDPS for Lacking Proper Disclosure Read More »
The Supreme Court of India, in a recent judgment in the case of Shakti Yezdani & Anr. vs. Jayanand Jayant Salgaonkar & Ors., has delivered a crucial verdict clarifying the legal standing of nominees in the context of shares and securities under the Companies Act. This ruling, significant for its clarification on the interplay between …
Supreme Court Clarifies Scope of Nomination in Shares and Securities Read More »
In a recent ruling, the Supreme Court delivered a significant verdict, clarifying that the nomination process outlined in the Companies Act, 1956 (aligned with Companies Act, 2013) does not supersede succession laws. The court maintained that a company’s purview does not extend to facilitating the succession planning of a shareholder, leaving the determination of the …
Supreme Court Emphasizes Limitations of Companies Act in Estate Succession Matters Read More »
In a recent ruling on December 15, the Supreme Court emphatically declared that private agreements must not supersede the statutory directives of the Slum Rehabilitation Authority (SRA) in Slum Rehabilitation Schemes. The court, underscoring the pivotal role of the SRA in implementing such schemes under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, …
In a recent ruling, the Jammu and Kashmir and Ladakh High Court struck a crucial balance between the rigorous bail conditions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the constitutional right to life and liberty, emphasizing the need for a speedy trial as enshrined in Article 21 of the Indian Constitution. Justice …
J&K High Court Balances NDPS Act with Constitutional Rights Read More »
The High Court of Jammu & Kashmir and Ladakh has delivered a judgment emphasizing the importance of statutory conditions in cases involving migrant immovable property. The judgment, delivered by Justice Moksha Khajuria Kazmi and Chief Justice N. Kotiswar Singh, addressed the case of Shabir Ahmad Rufai and another versus the Union Territory of Jammu and …
J&K&L High Court Emphasizes Statutory Conditions in Migrant Property Case Read More »
In a landmark decision on December 14, the Supreme Court declared that, when faced with an offense falling under both the Prevention of Food Adulteration Act, 1954 (PFA), and the Food Safety and Standards Act, 2006 (FSSA), the provisions of the FSSA would take precedence over the PFA to the extent of any inconsistency. During …
In a groundbreaking development, the Supreme Court has wielded its influence, compelling the Delhi Government to swiftly initiate the construction of crucial judicial infrastructure and residences for judges. The directive, issued by a bench featuring Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, mandates the Delhi Government to promptly release tenders for …
In a landmark decision on December 15, the Supreme Court ruled in favor of arbitration in a property dispute involving the cancellation of a deed. The Court rejected the argument that the dispute was not arbitrable since it involved an action in rem, asserting that the cancellation of a deed is, in fact, an action …
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