Digest Of Supreme Court Cases

Insolvency and Bankruptcy Code, 2016 – Non-entertainability of time-barred debts under S. 238-A read with S. 7. Denial of Condonation of delay when delay is highly excessive i.e. nearly 15 years and debt barred by limitation

Art. 137 of the Limitation Act gets attracted to applications filed under Ss. 7 and 9 IBC. The right to sue accrues when a default occurs, and if that default has occurred over three years prior to the date of filing of an application under S. 7 IBC, the application would be barred under Art. […]

Insolvency and Bankruptcy Code, 2016 – Non-entertainability of time-barred debts under S. 238-A read with S. 7. Denial of Condonation of delay when delay is highly excessive i.e. nearly 15 years and debt barred by limitation Read More »

Arbitration and Conciliation Act, 1996 — Modification of arbitral award by Court under S. 34 — Jurisdiction of Court

Power of Court under S. 34 to “set aside” award, held, does not include power to modify such an award. Given limited scope of judicial interference with award under S. 34 on extremely limited grounds not dealing with merits of an award, “limited remedy” under S. 34, held, is coterminous with “limited right”, namely, either

Arbitration and Conciliation Act, 1996 — Modification of arbitral award by Court under S. 34 — Jurisdiction of Court Read More »

Courts, Tribunals and Judiciary — Judicial Process and Role of the Bar, Administration and Public Institutions/Officers

In this case, prayer was made for expunction of adverse remarks made against appellant, a senior lawyer, by High Court while deciding four cases in which appellant was representing one of the contesting parties. The Court observed that while it is of fundamental importance in realm of administration of justice to allow Judges to discharge

Courts, Tribunals and Judiciary — Judicial Process and Role of the Bar, Administration and Public Institutions/Officers Read More »

Constitution of India Art. 226 — Unsustainability of Passing of order in casual and/or cryptic manner

In this case, dispute between appellant and R-4 concerning alleged right to way of R-4 decided by Revenue Authorities against appellant., that order was challenged before High Court as appeal was dismissed. While dismissing the writ petition, High Court passed cryptic order without considering essential issues. Without going into questions whether there was any easement

Constitution of India Art. 226 — Unsustainability of Passing of order in casual and/or cryptic manner Read More »

Criminal Procedure Code, 1973 — Ss. 378(4) & (5) and 386(a) — Grant of leave to appeal against order of acquittal by trial court

High Court must set forth its reasons, indicating at least in brief, an application of mind to nature of evidence and findings which have been arrived at. Not doing so, is not consistent with the duty which is cast upon High Court while determing whether leave should be granted to appeal against order of acquittal.

Criminal Procedure Code, 1973 — Ss. 378(4) & (5) and 386(a) — Grant of leave to appeal against order of acquittal by trial court Read More »

Criminal Procedure Code, 1973 — Ss. 432, 433 and 433-A — Power of appropriate Government to suspend, remit and commute sentences

Remission policies may be composite ones referable both to S. 432/S. 433 CrPC and Art. 161 of the Constitution. Remission power exercisable under a particular remission policy whether would be one exercisable: (A) under S. 432/S. 433 CrPC, and/or (B) under Art. 161 of the Constitution, inter alia, depends on: the terms of the remission

Criminal Procedure Code, 1973 — Ss. 432, 433 and 433-A — Power of appropriate Government to suspend, remit and commute sentences Read More »

Constitution of India – Interpretation of Preventive detention laws in the light of Arts. 21 & 22 and Art. 19

When a person is preventively detained Arts. 21 & 22 are attracted and not Art. 19. Hence, to tear observations made in Madhu Limaye case out of context would be fraught with danger when it comes to liberty of person under Art. 21. Hence, contention that liberal meaning must be given to the expression “public

Constitution of India – Interpretation of Preventive detention laws in the light of Arts. 21 & 22 and Art. 19 Read More »

Criminal Procedure Code, 1973 — Ss. 482 and 156(3) — Extraordinary relief of stay of further proceedings in complaint cases, including stay on arrest of accused persons

Grant of, by High Court under S. 482: It is permissible for High Court to pass an interim order under S. 482 CrPC of the nature impugned herein, in exceptional cases with caution and circumspection, giving at least brief reasons. What is not permissible is the tendency of the courts to pass blanket, cryptic, laconic, non-speaking

Criminal Procedure Code, 1973 — Ss. 482 and 156(3) — Extraordinary relief of stay of further proceedings in complaint cases, including stay on arrest of accused persons Read More »

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