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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
2,781–2,800 · Page 140 of 500
Supreme Court of India9 Nov 2023Full text
2023 INSC 1018 · [2023] 16 S.C.R. 562
DILIP B JIWRAJKA v. UNION OF INDIA & ORS 563 – No judicial determination takes place until the adjudicating authority decides u/s.100 whether to accept or reject the application – The report of the resolution professional is only recommendatory in nature and hence, does not bind the adjudicatory authority when it exerc…
Supreme Court of India10 Nov 2023Full text
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
2,781–2,800 · Page 140 of 500
Supreme Court of India9 Nov 2023Full text
2023 INSC 1018 · [2023] 16 S.C.R. 562
DILIP B JIWRAJKA v. UNION OF INDIA & ORS 563 – No judicial determination takes place until the adjudicating authority decides u/s.100 whether to accept or reject the application – The report of the resolution professional is only recommendatory in nature and hence, does not bind the adjudicatory authority when it exerc…
Supreme Court of India10 Nov 2023Full text
2023 INSC 1017 · [2023] 15 S.C.R. 777
– Signifi cantly, in terms of the second proviso, the Speaker is empowered in public interest to call a meeting of the Vidhan Sabha earlier than the date to which it has been adjourned or at any time after it has been adjourned sine die – So, it is clear that the Rules of Procedure expressly recognize a situation where …
Supreme Court of India1 Nov 2023Full text
2023 INSC 1016 · [2023] 15 S.C.R. 590
Deeds and Documents– Unregistered documents – Title with respect to immovable properties, if could be transferred on the basis of unregistered documents: Held: No title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General …
Supreme Court of India3 Nov 2023Full text
2023 INSC 1015 · [2023] 14 S.C.R. 834
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.3405 of 2023. From the Judgment and Order dated 12.03.2019 of the Gauhati High Court in CRLAJ No.118 of 2016. Appearances: Gaurav Agrawal, Adv. for the Appellant. Nalin Kohli, Sr. AAG, Aastik Dhingra, Anshul Malik, Shuvodeep Roy, Advs. for the Respondents. JUDGMENT /…
Supreme Court of India21 Nov 2023Full text
2023 INSC 1013 · [2023] 16 S.C.R. 672
Held: If the CoC, including the FC(s) to whom money is due from the Corporate Debtor, had undertaken repeated negotiations with 1 Cause-title should correctly include ‘Resolution Professional’ instead of ‘Resolution Profession’ 672 RAMKRISHNA FORGINGS LTD v. RAVINDRA LOONKAR, 673 R. P. OF ACIL LTD. the appellant with r…
Supreme Court of India21 Nov 2023Full text
2023 INSC 1012 · [2023] 15 S.C.R. 261
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3548 of 2023. From the Judgment and Order dated 07.05.2019 of the High Court of Judicature at Allahabad, Lucknow Bench in CRLA No.106 of 2000. Appearances: Ms. Vanshaja Shukla, Rishad Murtaza, Ms. Ankeeta Appanna, Advs. for the Appellant. Ardhendumouli Kumar Prasad, …
Supreme Court of India7 Feb 2023Full text
2023 INSC 101 · [2023] 3 S.C.R. 892
by the ED (the respondent) and summoned the petitioner for appearance – Aggrieved by the order of summoning the petitioner has approached the Supreme Court pleading that the Special Judge Ghaziabad has no territorial jurisdiction over the alleged offence – Held: Acquisition of the proceeds of crime has taken place in t…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1009 · [2023] 14 S.C.R. 796
Held: A bare perusal of the s.9 and s.9A reveals that while s.9 allows an Inamdar to make an application for occupancy rights, a tenant is aff orded an opportunity for the same u/s. 9A of the Act subject to the 796 P. KISHORE KUMAR v. VITTAL K. PATKAR 797 condition that he was a tenant in respect of the subject land imm…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1008 · [2023] 15 S.C.R. 525
Code of Criminal Procedure, 1973 – s. 438 – Direction for grant of bail to person apprehending arrest – Grant of transit anticipatory bail or interim protection to enable an applicant seeking anticipatory bail to make an application u/s 438 CrPC before a Court of competent jurisdiction, if consistent with the administr…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1007 · [2023] 16 S.C.R. 613
LIST OF CITATIONS AND OTHER REFERENCES Sivanandan C.T. and Ors. v. High Court of Kerala and Ors. (2023) SCC OnLine SC 994 – relied on. Shweta Dhingra v. State of H.P. & Ors. (2011) SCC OnLine HP 3566; Malik Mazhar Sultan and Another v. U.P. Public Service Commission and Others (2008) 17 SCC 703; Malik Mazhar Sultan and…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1006 · [2023] 14 S.C.R. 813
High Court was challenged by the respondent before this Court by filing being SLP and the same is pending under consideration – High Court in the impugned order while repelling the said submission made on behalf of the appellant, had distinguished the said co-accused and observed that unlike him who was an internal audi…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1004 · [2023] 16 S.C.R. 644
Hindu Adoptions and Maintenance Act, 1956 – ss.16, 11 – Presumption u/s.16 in favour of a registered document relating to adoption, rebuttable – Appellant claimed a half-share in V’s properties relying on the adoption ceremony and the registered Adoption Deed: Held: The presumption is rebuttable – On facts, the adoptio…
Supreme Court of India4 Jan 2023Full text
2023 INSC 10 · [2023] 4 S.C.R. 188
188 SUPREME COURT[2023]REPORTS4 S.C.R. 188 [2023] 4 S.C.R. A SABARMATI GAS LIMITED v. SHAH ALLOYS LIMITED (Civil Appeal No. 1669 of 2020) B JANUARY 04, 2023 [AJAY RASTOGI AND C. T. RAVIKUMAR, JJ.] Insolvency and Bankruptcy Code, 2016 – ss. 6, 8, 9, 62, 238A, 252 – Sick Industrial Companies (Special Provisions) Act, 198…
Supreme Court of India2023
2023 SCC OnLine SC 502
Filing of incomplete charge-sheet or investigation report without concluding investigation cannot deprive the accused of the indefeasible right to default bail under Section 167(2). | Bar on defeating default bail through incomplete investigation applied to Section 187 BNSS.
Supreme Court of India2023
(2023) 10 SCC 60
Clarified Rainbow Papers; Section 53 waterfall gives clear priority to secured financial creditors and workmen over government dues.
Supreme Court of India2023
(2023) 8 SCC 387
Clarified Vidarbha Industries; held that once financial debt default is established, admission of Section 7 application is the rule and rejection an exception.
Supreme Court of India2023
(2023) 4 SCC 1
Fundamental rights under Articles 19 and 21 are horizontally enforceable against non-state private actors; the restrictions under Article 19(2) are exhaustive and cannot be supplemented by judicial fiat.
Supreme Court of India2023
(2024) 6 SCC 1
Curative Bench: Unstamped or insufficiently stamped arbitration agreements are not void ab initio; stamping defect is curable; courts at Section 11 stage cannot examine stamping.
Supreme Court of India2022
(2022) 8 SCC 352
Section 7(5)(a) uses 'may'; NCLT has discretionary power not to admit Section 7 application mechanically if debtor has viable recovery prospects or pending awards.
Supreme Court of India2022
(2022) 4 SCC 116
Section 37 court cannot substitute its interpretation with that of the arbitrator if the arbitrator's view is a plausible view on the record.
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 1017 · [2023] 15 S.C.R. 777
– Signifi cantly, in terms of the second proviso, the Speaker is empowered in public interest to call a meeting of the Vidhan Sabha earlier than the date to which it has been adjourned or at any time after it has been adjourned sine die – So, it is clear that the Rules of Procedure expressly recognize a situation where …
Supreme Court of India1 Nov 2023Full text
2023 INSC 1016 · [2023] 15 S.C.R. 590
Deeds and Documents– Unregistered documents – Title with respect to immovable properties, if could be transferred on the basis of unregistered documents: Held: No title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General …
Supreme Court of India3 Nov 2023Full text
2023 INSC 1015 · [2023] 14 S.C.R. 834
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.3405 of 2023. From the Judgment and Order dated 12.03.2019 of the Gauhati High Court in CRLAJ No.118 of 2016. Appearances: Gaurav Agrawal, Adv. for the Appellant. Nalin Kohli, Sr. AAG, Aastik Dhingra, Anshul Malik, Shuvodeep Roy, Advs. for the Respondents. JUDGMENT /…
Supreme Court of India21 Nov 2023Full text
2023 INSC 1013 · [2023] 16 S.C.R. 672
Held: If the CoC, including the FC(s) to whom money is due from the Corporate Debtor, had undertaken repeated negotiations with 1 Cause-title should correctly include ‘Resolution Professional’ instead of ‘Resolution Profession’ 672 RAMKRISHNA FORGINGS LTD v. RAVINDRA LOONKAR, 673 R. P. OF ACIL LTD. the appellant with r…
Supreme Court of India21 Nov 2023Full text
2023 INSC 1012 · [2023] 15 S.C.R. 261
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3548 of 2023. From the Judgment and Order dated 07.05.2019 of the High Court of Judicature at Allahabad, Lucknow Bench in CRLA No.106 of 2000. Appearances: Ms. Vanshaja Shukla, Rishad Murtaza, Ms. Ankeeta Appanna, Advs. for the Appellant. Ardhendumouli Kumar Prasad, …
Supreme Court of India7 Feb 2023Full text
2023 INSC 101 · [2023] 3 S.C.R. 892
by the ED (the respondent) and summoned the petitioner for appearance – Aggrieved by the order of summoning the petitioner has approached the Supreme Court pleading that the Special Judge Ghaziabad has no territorial jurisdiction over the alleged offence – Held: Acquisition of the proceeds of crime has taken place in t…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1009 · [2023] 14 S.C.R. 796
Held: A bare perusal of the s.9 and s.9A reveals that while s.9 allows an Inamdar to make an application for occupancy rights, a tenant is aff orded an opportunity for the same u/s. 9A of the Act subject to the 796 P. KISHORE KUMAR v. VITTAL K. PATKAR 797 condition that he was a tenant in respect of the subject land imm…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1008 · [2023] 15 S.C.R. 525
Code of Criminal Procedure, 1973 – s. 438 – Direction for grant of bail to person apprehending arrest – Grant of transit anticipatory bail or interim protection to enable an applicant seeking anticipatory bail to make an application u/s 438 CrPC before a Court of competent jurisdiction, if consistent with the administr…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1007 · [2023] 16 S.C.R. 613
LIST OF CITATIONS AND OTHER REFERENCES Sivanandan C.T. and Ors. v. High Court of Kerala and Ors. (2023) SCC OnLine SC 994 – relied on. Shweta Dhingra v. State of H.P. & Ors. (2011) SCC OnLine HP 3566; Malik Mazhar Sultan and Another v. U.P. Public Service Commission and Others (2008) 17 SCC 703; Malik Mazhar Sultan and…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1006 · [2023] 14 S.C.R. 813
High Court was challenged by the respondent before this Court by filing being SLP and the same is pending under consideration – High Court in the impugned order while repelling the said submission made on behalf of the appellant, had distinguished the said co-accused and observed that unlike him who was an internal audi…
Supreme Court of India20 Nov 2023Full text
2023 INSC 1004 · [2023] 16 S.C.R. 644
Hindu Adoptions and Maintenance Act, 1956 – ss.16, 11 – Presumption u/s.16 in favour of a registered document relating to adoption, rebuttable – Appellant claimed a half-share in V’s properties relying on the adoption ceremony and the registered Adoption Deed: Held: The presumption is rebuttable – On facts, the adoptio…
Supreme Court of India4 Jan 2023Full text
2023 INSC 10 · [2023] 4 S.C.R. 188
188 SUPREME COURT[2023]REPORTS4 S.C.R. 188 [2023] 4 S.C.R. A SABARMATI GAS LIMITED v. SHAH ALLOYS LIMITED (Civil Appeal No. 1669 of 2020) B JANUARY 04, 2023 [AJAY RASTOGI AND C. T. RAVIKUMAR, JJ.] Insolvency and Bankruptcy Code, 2016 – ss. 6, 8, 9, 62, 238A, 252 – Sick Industrial Companies (Special Provisions) Act, 198…
Supreme Court of India2023
2023 SCC OnLine SC 502
Filing of incomplete charge-sheet or investigation report without concluding investigation cannot deprive the accused of the indefeasible right to default bail under Section 167(2). | Bar on defeating default bail through incomplete investigation applied to Section 187 BNSS.
Supreme Court of India2023
(2023) 10 SCC 60
Clarified Rainbow Papers; Section 53 waterfall gives clear priority to secured financial creditors and workmen over government dues.
Supreme Court of India2023
(2023) 8 SCC 387
Clarified Vidarbha Industries; held that once financial debt default is established, admission of Section 7 application is the rule and rejection an exception.
Supreme Court of India2023
(2023) 4 SCC 1
Fundamental rights under Articles 19 and 21 are horizontally enforceable against non-state private actors; the restrictions under Article 19(2) are exhaustive and cannot be supplemented by judicial fiat.
Supreme Court of India2023
(2024) 6 SCC 1
Curative Bench: Unstamped or insufficiently stamped arbitration agreements are not void ab initio; stamping defect is curable; courts at Section 11 stage cannot examine stamping.
Supreme Court of India2022
(2022) 8 SCC 352
Section 7(5)(a) uses 'may'; NCLT has discretionary power not to admit Section 7 application mechanically if debtor has viable recovery prospects or pending awards.
Supreme Court of India2022
(2022) 4 SCC 116
Section 37 court cannot substitute its interpretation with that of the arbitrator if the arbitrator's view is a plausible view on the record.
Also on Law on Tips: Bare Acts · Legal news and analysis