In a landmark decision, the Supreme Court, on December 15, declared that the directive requiring the Directorate of Enforcement (ED) to provide written grounds for arrest at the time of detention, as established in the case of Pankaj Bansal v. Union of India, does not apply retroactively. The bench, comprising Justices Bela M Trivedi and …
In a recent ruling on December 13, the Supreme Court asserted that the role of a Physical Training Instructor (PTI) extends beyond the confines of traditional classroom settings, affirming their eligibility to be regarded as teachers. The court maintained that the nature of sports necessitates training in open spaces, fields, courts, and similar environments, challenging …
In a recent pronouncement, the Supreme Court clarified that the recourse to a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is not viable when seeking redress against the rejection of an application under Order IX Rule 13 of the CPC to set aside an ex-parte decree. The bench, …
In a recent judgment, the Supreme Court denied bail to Saumya Chaurasia, the former deputy secretary to ex-Chhattisgarh Chief Minister Bhupesh Baghel, involved in a money laundering case. The court’s decision highlighted a crucial observation: the court is not obligated to grant bail solely based on the accused being a woman. The court scrutinized the …
In a recent decision, the Supreme Court of India addressed a significant legal question regarding the enforceability of arbitration agreements under the Arbitration and Conciliation Act 1996 in relation to the Indian Stamp Act 1899. The Court, led by Chief Justice Dr. Dhananjaya Y Chandrachud, examined the interplay between these two statutes, particularly in the …
Supreme Court Clarifies Legal Standing of Unstamped Arbitration Agreements Read More »
In a groundbreaking verdict on December 13, a seven-judge bench of the Supreme Court overturned the NN Global decision, asserting that arbitration clauses in unstamped or inadequately stamped agreements are indeed enforceable. The ruling emphasized that insufficient stamping does not render the agreement void or unenforceable but deems it inadmissible in evidence, a curable defect …
In a recent landmark decision on December 13, the Supreme Court dispelled legal uncertainties surrounding unstamped or inadequately stamped agreements. The ruling, presided over by a distinguished bench led by Chief Justice DY Chandrachud, emphasized a critical distinction between the admissibility of such agreements in evidence and their validity or enforceability in the eyes of …
In a pivotal ruling, the Supreme Court has clarified that, according to Section 240A of the Insolvency and Bankruptcy Code, the decisive date for determining the eligibility of a resolution applicant to submit a resolution plan is the date of submission of the plan, not the initiation date of the Corporate Insolvency Resolution Process (CIRP). …
In a groundbreaking decision, the Supreme Court has acquitted an individual convicted by the Madras High Court under Section 304 of the IPC, asserting that the prosecution failed to establish the accusations beyond a reasonable doubt. The Court, comprising Justices BR Gavai, Dipankar Datta, and Aravind Kumar, emphasized the importance of credible evidence and highlighted …
In a groundbreaking ruling, the Supreme Court has paved the way for Corporate Debtor promoters to submit resolution plans, even if the entity was registered as a Micro, Small, and Medium Enterprise (MSME) after the initiation of the Corporate Insolvency Resolution Process (CIRP). The court overturned a National Company Law Appellate Tribunal (NCLAT) order that …
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