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Supreme Court

Supreme Court Allows Suspended Director Access to Resolution Plans in Insolvency Case — Right to Effective Participation Under IBC. Suspended Board Members Entitled to Receive Resolution Plans and Relevant Documents for Effective Participation in CoC Meetings Under Section 24(3) of IBC and Regulation 21 of CIRP Regulations.

31 Jan 2019

The appeal arose from an Appellate Tribunal's order denying the appellant, a suspended director of Ruchi Soya Industries Ltd. (corporate debtor), acce...

Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

Supreme Court

Supreme Court Allows Union of India's Appeal in Railways Compensation Case, Clarifying Calculation Method. The court held that compensation for untoward incidents under Section 124-A of the Railways Act, 1989 must be calculated as per the rate on the date of accident with interest, and if the revised amount on award date is higher, the higher amount is payable without interest on the revised sum.

29 Jan 2019

The case arises from an untoward incident on 02.10.2003 when Dasarath Yadav, while travelling in a local train from Burdwan to Howrah, peeped his head...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Dismisses Appeal Against Summoning Under Section 319 CrPC in Murder Case — Prima Facie Evidence Sufficient for Trial

24 Jan 2019

The appeal arose from a judgment of the Punjab and Haryana High Court upholding the Sessions Court's order allowing an application under Section 319 C...

Supreme Court

Supreme Court Dismisses Customs Appeals on Import of Multi-Function Devices — Redemption of Restricted Goods Permitted on Payment of Market Value. Import of used MFDs without authorisation under Foreign Trade Policy held redeemable under Section 125 Customs Act, 1962, as restricted items, not prohibited.

24 Jan 2019

The Supreme Court dismissed appeals by the Commissioner of Customs against the release of imported Multi-Function Devices (MFDs) by the respondents, M...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

22 Jan 2019

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

Supreme Court

Supreme Court Upholds MERC Tariff Regulation Fixing Stringent Station Heat Rate for Dahanu TPS — No Discrimination Found. The Court held that the Maharashtra Electricity Regulatory Commission's differentiated norms for thermal generating stations based on past performance and efficiency are valid under the Electricity Act, 2003 and National Tariff Policy, 2006.

21 Jan 2019

The appellant, Reliance Infrastructure Limited, challenged the validity of Regulation 44.2(d) of the MERC (Multi Year Tariff) Regulations 2011, which ...

Supreme Court

Supreme Court Acquits Appellants in Murder Case Based on Circumstantial Evidence — Chain of Circumstances Incomplete, Extra-Judicial Confession Weak. The court held that suspicion cannot replace proof beyond reasonable doubt under Sections 302 and 120B of the Indian Penal Code, 1860.

8 Jan 2019

The Supreme Court allowed the appeals of Devi Lal and Babu Lal, setting aside their conviction under Section 302 read with Section 120B of the Indian ...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor — Emphasizes Need to Consider Mitigating Circumstances Before Imposing Death Penalty. The Court upheld the conviction but modified the sentence, holding that the case did not fall within the 'rarest of rare' category as mitigating factors were overlooked.

1 Jan 2019

The appellant, Nand Kishore, was convicted by the trial court for the rape and murder of an 8-year-old girl, and sentenced to death. The High Court co...

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