Supreme Court overturns Foreigners Tribunal order: Sirajul Hoque declared Indian Citizen (2019) LEGAL ISSUE: Determination of citizenship status based on documentary evidence. CASE TYPE: Citizenship Law, Foreigners Act. Case Name: Sirajul Hoque vs. The State of Assam & Ors. Judgment Date: February 14, 2019 Date of the Judgment: February 14, 2019 Citation: (2019) INSC 123 […]
Supreme Court Mandates Strict Adherence to Time Limits for Written Statements in Commercial Suits Date of the Judgment: 12 February 2019 Citation: (2019) INSC 107 Judges: R.F. Nariman, J., Vineet Saran, J. Can a court extend the deadline for filing a written statement in a commercial suit beyond 120 days, as stipulated by amendments to
Supreme Court Denies Pay Parity to Junior Stenographers: Anjali Arora vs. Union of India (2019) LEGAL ISSUE: Whether junior stenographers are entitled to pay parity with senior stenographers based on the principle of “equal pay for equal work” and Regulation 4(2) of the National Institute Regulations. CASE TYPE: Service Law – Writ Petition (Civil) Case
Supreme Court Restores Status Quo in Property Dispute: Tek Singh vs. Shashi Verma (2019) LEGAL ISSUE: Whether the High Court can interfere with concurrent findings of fact in a revision petition under Section 115 of the Code of Civil Procedure (CPC) when the order is interlocutory in nature. CASE TYPE: Civil Case Name: Tek Singh
Supreme Court Restores Status Quo in Property Dispute: Tek Singh vs. Shashi Verma (2019) Read Post »
Supreme Court Clarifies Rights of Suspended Directors in Insolvency Proceedings: Vijay Kumar Jain vs. Standard Chartered Bank (2019) Date of the Judgment: 31 January 2019 Citation: (2019) INSC 78 Judges: R.F. Nariman, J., Navin Sinha, J. Can former directors of a company undergoing insolvency proceedings access crucial resolution plans? The Supreme Court of India recently
Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree LEGAL ISSUE: Whether a secured creditor can initiate a winding-up petition against a company after obtaining a decree and recovery certificate from the Debts Recovery Tribunal (DRT). CASE TYPE: Insolvency Law, Company Law Case Name: Swaraj Infrastructure Pvt. Ltd. vs. Kotak Mahindra
Supreme Court Upholds Key Provisions of Insolvency and Bankruptcy Code, 2016 Date of the Judgment: 25 January 2019 Citation: (2019) ibclaw.in 03 SC Judges: Justice R.F. Nariman and Justice Navin Sinha Is the Insolvency and Bankruptcy Code, 2016 (IBC) a constitutionally valid law? The Supreme Court of India recently addressed this critical question in a
Supreme Court clarifies “Other Misconduct” for Chartered Accountants: Council of the Institute of Chartered Accountants of India vs. Shri Gurvinder Singh & Anr. (2018) INSC 987 LEGAL ISSUE: Scope of “Other Misconduct” for Chartered Accountants under the Chartered Accountants Act, 1949. CASE TYPE: Disciplinary Proceedings against a Chartered Accountant. Case Name: Council of the Institute
Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in
Supreme Court Clarifies Limitation Act Applicability to IBC Proceedings Date of the Judgment: 11 October 2018 Citation: (2018) INSC 908 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a creditor initiate insolvency proceedings for a debt that is time-barred under the Limitation Act? The Supreme Court of India addressed this critical question, clarifying the
Supreme Court clarifies “International Commercial Arbitration” in Consortium Agreements: Larsen and Toubro vs. MMRDA (2018) LEGAL ISSUE: Whether a consortium agreement between an Indian company and a foreign company constitutes an “international commercial arbitration” under Section 2(1)(f) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: M/S LARSEN AND TOUBRO LIMITED SCOMI
Date of the Judgment: 28 September 2018 Citation: (2018) INSC 837 Judges: Dipak Misra, CJI; A.M. Khanwilkar, J; R.F. Nariman, J; D.Y. Chandrachud, J; Indu Malhotra, J (Majority Opinion by Dipak Misra, CJI, concurring opinion by R.F. Nariman and D.Y. Chandrachud, J; Dissenting Opinion by Indu Malhotra, J) Can a centuries-old tradition justify the exclusion
