Hrishikesh Roy

Supreme Court Cancels Bail in Honor Killing Case: Mamta Nair vs. State of Rajasthan (2021)

Supreme Court Cancels Bail in Honor Killing Case: Mamta Nair vs. State of Rajasthan (2021) LEGAL ISSUE: Whether the High Court was correct in granting bail to the accused despite the Supreme Court previously canceling his bail due to prima facie evidence against him. CASE TYPE: Criminal Case Name: Mamta Nair vs. State of Rajasthan […]

Supreme Court Cancels Bail in Honor Killing Case: Mamta Nair vs. State of Rajasthan (2021) Read Post »

Supreme Court Addresses Legislative Competence and Privilege in Summons to Facebook: Ajit Mohan & Ors. vs. Legislative Assembly, National Capital Territory of Delhi & Ors. (2021)

Legislative Powers vs. Digital Platforms: Supreme Court on Delhi Assembly’s Summons to Facebook (2021) LEGAL ISSUE: The scope of legislative privilege and the extent of legislative competence of the Delhi Legislative Assembly in summoning a representative of a social media platform. CASE TYPE: Constitutional Law, Legislative Powers, and Fundamental Rights. Case Name: Ajit Mohan &

Supreme Court Addresses Legislative Competence and Privilege in Summons to Facebook: Ajit Mohan & Ors. vs. Legislative Assembly, National Capital Territory of Delhi & Ors. (2021) Read Post »

Supreme Court Acquits Brothers in 28-Year-Old Murder Case: Surendra Kumar vs. State of U.P. (20 April 2021)

Supreme Court Acquits Brothers in 28-Year-Old Murder Case: Surendra Kumar vs. State of U.P. (2021) LEGAL ISSUE: Analysis of circumstantial evidence and the burden of proof in criminal cases. CASE TYPE: Criminal Law Case Name: Surendra Kumar & Anr. vs. State of U.P. Judgment Date: 20 April 2021 Introduction Date of the Judgment: 20 April

Supreme Court Acquits Brothers in 28-Year-Old Murder Case: Surendra Kumar vs. State of U.P. (20 April 2021) Read Post »

Supreme Court clarifies the enforceability of foreign arbitral awards between two Indian parties: PASL Wind Solutions vs. GE Power Conversion (20 April 2021)

Date of the Judgment: 20 April 2021 Citation: 2021 INSC 208 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can two Indian companies choose a foreign country as the seat of arbitration? The Supreme Court of India addressed this important question in a recent judgment, clarifying the scope of “foreign awards” under the

Supreme Court clarifies the enforceability of foreign arbitral awards between two Indian parties: PASL Wind Solutions vs. GE Power Conversion (20 April 2021) Read Post »

Supreme Court clarifies the role of balance sheets in acknowledging debt under the Insolvency and Bankruptcy Code (IBC): Asset Reconstruction Company vs. Bishal Jaiswal (2021)

Supreme Court Clarifies the Role of Balance Sheets in Acknowledging Debt under IBC Date of the Judgment: April 15, 2021 Citation: (2021) INSC 218 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a company’s balance sheet serve as valid proof of debt acknowledgment, thereby extending the limitation period for initiating insolvency proceedings?

Supreme Court clarifies the role of balance sheets in acknowledging debt under the Insolvency and Bankruptcy Code (IBC): Asset Reconstruction Company vs. Bishal Jaiswal (2021) Read Post »

Supreme Court Directs University to Grant Affiliation to Pharmacy Colleges: VIIT Pharmacy College vs. Dr. A.P.J. Abdul Kalam Technical University (2021)

Supreme Court Directs University to Grant Affiliation to Pharmacy Colleges: VIIT Pharmacy College vs. Dr. A.P.J. Abdul Kalam Technical University (2021) LEGAL ISSUE: Whether a University can deny affiliation to pharmacy colleges when the Pharmacy Council of India (PCI) has granted approval and the State Government has given conditional affiliation. CASE TYPE: Education Law, Writ

Supreme Court Directs University to Grant Affiliation to Pharmacy Colleges: VIIT Pharmacy College vs. Dr. A.P.J. Abdul Kalam Technical University (2021) Read Post »

Supreme Court settles the binding nature of Resolution Plans on Government bodies in Insolvency Cases (13 April 2021)

Supreme Court Clarifies Binding Nature of Resolution Plans on Government Bodies Date of the Judgment: 13 April 2021 Citation: (2021) INSC 210 Judges: B.R. Gavai, J., R.F. Nariman, J., Hrishikesh Roy, J. Can a resolution plan approved under the Insolvency and Bankruptcy Code, 2016 (I&B Code) bind government bodies, including tax authorities? The Supreme Court

Supreme Court settles the binding nature of Resolution Plans on Government bodies in Insolvency Cases (13 April 2021) Read Post »

Supreme Court settles jurisdiction in arbitration: Inox Renewables Ltd. wins against Jayesh Electricals Ltd. (13 April 2021)

Supreme Court clarifies jurisdiction in arbitration cases: Inox Renewables vs. Jayesh Electricals (2021) LEGAL ISSUE: Determination of the “seat” of arbitration and its impact on court jurisdiction. CASE TYPE: Arbitration Law Case Name: M/s. Inox Renewables Ltd. vs. Jayesh Electricals Ltd. Judgment Date: 13 April 2021 Introduction Date of the Judgment: 13 April 2021 Citation:

Supreme Court settles jurisdiction in arbitration: Inox Renewables Ltd. wins against Jayesh Electricals Ltd. (13 April 2021) Read Post »

Supreme Court rules on validity of Section 254(2A) of Income Tax Act in stay order cases (06 April 2021)

Supreme Court on the Validity of Section 254(2A) of the Income Tax Act Date of the Judgment: 06 April 2021 Citation: 2021 INSC 185 Judges: Justice Rohinton Fali Nariman, Justice B.R. Gavai, and Justice Hrishikesh Roy. Can an Income Tax Appellate Tribunal (ITAT) automatically vacate a stay order if an appeal isn’t decided within 365

Supreme Court rules on validity of Section 254(2A) of Income Tax Act in stay order cases (06 April 2021) Read Post »

Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (6 April 2021)

Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (2021) LEGAL ISSUE: Whether a company can be wound up for failure to pay a debt when the company claims a dispute over the quality of goods supplied. CASE TYPE: Company Law/Insolvency Case Name: Shital Fibers Ltd. vs. Indian

Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (6 April 2021) Read Post »

Supreme Court Orders Arbitration in Family Dispute Over Company Shares: Sanjiv Prakash vs. Seema Kukreja (2021)

Supreme Court Orders Arbitration in Family Dispute: Sanjiv Prakash vs. Seema Kukreja (2021) LEGAL ISSUE: Whether a prior Memorandum of Understanding (MoU) between family members regarding shareholding in a private company is superseded by a subsequent Shareholders’ Agreement (SHA) with a third-party investor, specifically concerning an arbitration clause. CASE TYPE: Arbitration Law Case Name: Sanjiv

Supreme Court Orders Arbitration in Family Dispute Over Company Shares: Sanjiv Prakash vs. Seema Kukreja (2021) Read Post »

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021)

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Date of the Judgment: March 19, 2021 Citation: (2021) INSC 149 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can delays in filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 be

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Read Post »

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