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Supreme Court

Supreme Court Allows Revision Condonation Delay in Himachal Pradesh VAT Act — Section 5 Limitation Act Applicable. High Court's revisional power under Section 48 of the HP VAT Act, 2005 includes power to condone delay under Section 5 of Limitation Act, 1963 as Section 29(2) applies unless expressly excluded.

25 Oct 2019

The Supreme Court considered appeals against the Himachal Pradesh High Court's judgment dated 19.11.2018, which refused to condone delay in filing rev...

Supreme Court

Supreme Court Upholds Institutional Preference in Post Graduate Medical Admissions — NEET Does Not Abrogate University-Wise Reservation. Gujarat University Rules Providing Preference to Its Own Graduates Held Valid Under Existing Precedents.

4 Oct 2019

The case involves a challenge to the policy of 'Institutional Preference' for admission to Post Graduate Medical Courses, specifically under the rules...

Supreme Court

Supreme Court Stays Gauhati High Court's Direction to Prosecute Motor Vehicle Offences Only Under MV Act — Issue of Prosecution Under IPC Left Open. The Court Held That the MV Act Is Primarily a Beneficial Legislation for Compensation and Chapter XIII Deals with Regulatory Offences, Not Barring IPC Prosecution.

4 Oct 2019

The case arose from a judgment of the Gauhati High Court, Agartala bench, dated 22.12.2008, which held that road traffic offences should be prosecuted...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Under IBC, Holds Prior Consent Under Section 16G of Tea Act Required for Initiation of CIRP Against Tea Gardens Under Central Government Management. The court ruled that the Tea Act, 1953, being a special legislation, requires prior consent of the Central Government for initiating insolvency proceedings under Section 9 of the IBC against a corporate debtor whose tea gardens are under government management.

4 Oct 2019

The case involves a dispute between Duncans Industries Ltd. (the appellant/corporate debtor) and A. J. Agrochem (the respondent/operational creditor) ...

Supreme Court

Supreme Court Upholds Statutory Caste Scrutiny Committee Composition Under Maharashtra Act of 2000. Judicial Directions in Kumari Madhuri Patil Stand Subsumed by Subsequent Legislation.

1 Oct 2019

The judgment arises from a batch of civil appeals concerning the validity of caste certificates issued to respondents who claimed Scheduled Caste/Sche...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

Supreme Court

Supreme Court Allows Union of India's Appeals in National Highways Act Acquisition Cases — Non-Grant of Solatium and Interest Upheld. The Court held that Section 3J of the National Highways Act, 1956, excluding solatium and interest under the Land Acquisition Act, 1894, is not violative of Article 14 of the Constitution.

3 Sep 2019

The Supreme Court, in a batch of appeals filed by the Union of India and the National Highways Authority of India (NHAI), considered the validity of t...

Supreme Court

Supreme Court Upholds Exclusive Power of Central Government to Appoint Arbitrator Under National Highways Act, 1956 — Section 11 of Arbitration Act, 1996 Not Maintainable. The Court held that the special enactment's inbuilt mechanism for arbitrator appointment prevails over the general arbitration law, and the High Court erred in appointing an arbitrator under Section 11(6).

27 Aug 2019

The case involves a dispute between the National Highways Authority of India (NHAI) and Sayedabad Tea Company Ltd. regarding the acquisition of land f...

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