All claims not part of resolution plan get extinguished on approval of resolution plan by Adjudicating Authority under S. 31 IBC Ghanashyam Mishra and Sons Private Limited vs. Edelweiss Asset Reconstruction Company Limited [Civil Appeal No. 8129 of 2019] Brief: In the said appeal the Hon’ble Supreme Court interpreting section 31(1) of the IBC, 2016 […]
Supreme Court issues directions to High Courts on “no coercive orders” at the time of petition under section 482 / Article 226 M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra [CrA 330 OF 2021] Brief: The Hon’ble Supreme Court while considering an SLP against an order of the Bombay High Court has discouraged grant of
A.R. Madana Gopal Etc. vs. M/S Ramnath Publications Pvt. Ltd. and Anr. [Civil Appeal Nos.3523-3526 of 2010] Suit for specific performance cannot be dismissed on the sole ground of delay or laches Brief: In the said appeal, the Hon’ble Supreme Court allowed the specific performance of agreements for sale of immovable property and held that
Suit for specific performance cannot be dismissed on the sole ground of delay or laches Read More »
Ramesh alias Dapinder Singh vs. State of Himachal Pradesh [Criminal Appeal No.347 of 2021] Common intention requires something to be done “in furtherance” of common intention to incur vicarious liability Brief: The Hon’ble Court in the said decision has acquitted the accused of offence under section 324 read with 34 of IPC and altered it
Narbada Devi and Ors. Vs. H.P. State Forest Corporation & Anr. [Civil Appeal No. 6379 of 2010] Insurance company not liable as the death caused is not of accident Brief: In the instant Civil Appeal, the Hon’ble Supreme Court held that insurance company not liable for compensation as the death of the insured was not
Insurance company not liable as the death caused is not of accident Read More »
Government of Maharashtra vs Borse Brothers Engineers and Contractors Pvt Ltd, Civil Appeal No. 995 of 2021 Delay in filing of appeal under section 37 of Arbitration Act is condonable Brief: The Supreme Court has in the instant decision over-ruled its previous decision, N.V. International v. State of Assam, (2020) 2 SCC 109 and held
Delay in filing of appeal under section 37 is condonable Read More »
K. Prakash & Anr. vs. The State of Karnataka [Criminal Appeal No. 336 of 2021] Ratio: Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing RELEVANT PARAGRAPH(S) 14. Many factors which may not be relevant to determine the guilt, must be
Aparna Bhat vs. State of Madhya Pradesh [Crl. A. No. 329/2021] Supreme Court deprecates condition of tying rakhi to victim for grant of bail to an accused of sexual offences and issues directions Brief: The Apex Court while setting aside the impugned judgment of Madhya Pradesh High Court, wherein the Court imposed the condition of
Karulal & Ors. vs. The State of Madhya Pradesh [Criminal Appeal No. 316 of 2011] [09.10.2020] – Conviction for murder – independent witness – hostile witnesses – past enmity Brief: In the present case, the Appellants had appealed against the order of conviction by the Trial Court and as confirmed by High Court for the
Ashish Seth vs. Sumit Mittal and others [Contempt Petition(C) No. 34/2016 In Writ Petition (Criminal) No.5/2015] [09.10.2020] – Contempt Petition – Performance of Memorandum of Settlement – Directions of Court Brief: The Supreme Court in the present petition has refused to initiate contempt proceedings for not following its previous order/directions and Memorandum of Settlement towards a developmental project. The Petitioner
