Supreme Court Clarifies Rights of Secured Creditors in Insolvency: Vistra ITCL vs. Dinkar Venkatasubramanian (2023) LEGAL ISSUE: What are the rights of a secured creditor holding pledged shares in the context of the Insolvency and Bankruptcy Code, 2016 (IBC)? CASE TYPE: Insolvency Law Case Name: M/S VISTRA ITCL (INDIA) LTD & ORS. vs. MR. DINKAR […]
Supreme Court Clarifies Magistrate’s Power Under Section 156(3) CrPC in Rape Cases: Kailash Vijayvargiya vs. Rajlakshmi Chaudhuri (2023) LEGAL ISSUE: Scope of a Magistrate’s power to verify the truth and veracity of allegations when considering a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). CASE TYPE: Criminal Case Name: Kailash Vijayvargiya
Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases LEGAL ISSUE: Whether a secured creditor holding pledged shares of a corporate debtor can be considered a financial creditor or operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC), and how their interests should be protected in a resolution plan. CASE
Supreme Court Upholds IBC Section 53: Workmen Dues Prioritized in Liquidation LEGAL ISSUE: Validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016 concerning workmen’s dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: Moser Baer Karamchari Union Thr. President Mahesh Chand
Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) LEGAL ISSUE: Scope and extent of the Supreme Court’s power under Article 142 of the Constitution of India to grant divorce, including waiving the mandatory waiting period for mutual consent divorce and granting divorce in cases of irretrievable breakdown
Supreme Court Upholds Discharge of RPF Recruit Despite Acquittal in Dowry Death Case LEGAL ISSUE: Whether a Railway Protection Force (RPF) recruit can be discharged from service due to involvement in a criminal case, despite subsequent acquittal. CASE TYPE: Service Law. Case Name: Union of India & Ors. vs. Santosh Kumar Singh. [Judgment Date]: 26
Supreme Court Upholds Discharge of RPF Recruit: Union of India vs. Santosh Kumar Singh (2023) Date of the Judgment: 26 April 2023 Citation: 2023 INSC 435 Judges: Sanjiv Khanna, J., and Aravind Kumar, J. Can an individual be denied employment in the Railway Protection Force (RPF) due to pending criminal charges, even if later acquitted?
Supreme Court Sets Aside Order for Additional Evidence in Asharam Case Date of the Judgment: 17 April 2023 Citation: (2023) INSC 338 Judges: Sanjiv Khanna, J. and M.M. Sundresh, J. Can a High Court order additional evidence based on a book’s claims when the trial court has already considered the facts? The Supreme Court addressed
Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE: Banking/Financial
Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters related to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE:
Supreme Court Upholds Bhopal Gas Tragedy Settlement, Dismisses Curative Petition: Union of India vs. Union Carbide Corporation (2023) Date of the Judgment: March 14, 2023 Citation: (2023) INSC 228 Judges: Sanjay Kishan Kaul, J., Sanjiv Khanna, J., Abhay S. Oka, J., Vikram Nath, J., and J.K. Maheshwari, J. Can a decades-old settlement, reached to provide
Supreme Court Dismisses Curative Petition in Bhopal Gas Tragedy Case: Union of India vs. Union Carbide Corporation (2023) LEGAL ISSUE: Whether the Supreme Court can re-examine a settlement reached in a case of mass disaster, specifically concerning the adequacy of compensation, after a lapse of several years and multiple reviews. CASE TYPE: Civil (Curative Petition)
