Showing 1213 articles
Pre-2016 DRT Recovery Certificates Cannot Form the Basis for Insolvency Notice Under the Presidency Towns Insolvency Act: Supreme Court
The Supreme Court has held that a Recovery Certificate issued by the Debts Recovery Tribunal (DRT) before the 2016 amendment to the Recovery of Debts and Bankruptcy Act cannot be treated as a "decree or order" for initiating insolvency proceedings under Section 9(2) of the Presidency Towns Insolvency Act, 1909. A…
Section 19 of the JJ Act | Children's Court Must Pass a Reasoned Order Before Trying a Child as an Adult: Supreme Court
The Supreme Court has held that a Children's Court cannot proceed to try a child in conflict with law as an adult without first passing a reasoned order under Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Declaring the requirement mandatory, a Bench of Justice Aravind Kumar and…
CRPF Criticised for Removing Driver Who Developed Disability; ₹1.25 Crore Compensation Awarded: Supreme Court
The Supreme Court has held that the Central Reserve Police Force (CRPF) illegally removed a driver from service after he developed a visual disability during his employment instead of providing him an alternative post as required under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of…
POCSO Case Against School Headmistress Revived for Failing to Report Child Sexual Abuse; Conducting Personal Verification Is No Excuse: Supreme Court
The Supreme Court has restored criminal proceedings against a school headmistress accused of failing to report an alleged sexual assault complaint made by an eight-year-old child. The Court held that once a person covered under the reporting obligation receives credible information directly from a child victim, the…
Delhi Rent Act | Tenancy Transfer Without Landlord's Consent Attracts Eviction; Merged Bank Ordered to Vacate Premises: Supreme Court
The Supreme Court has restored an eviction order against Punjab National Bank (PNB), holding that the merger of Hindustan Commercial Bank Ltd. (HCB) with PNB resulted in a transfer of tenancy without obtaining the landlord's written consent. The Court ruled that such a transfer attracts eviction under Section 14(1)(b)…
Repeated Loan Defaults Cannot Defeat Financial Corporation's Right to Recover Dues Under the SFC Act: Supreme Court
The Supreme Court has restored the auction sale of a mortgaged property conducted by Bihar State Financial Corporation (BSFC) and overturned the decision of the Patna High Court that had cancelled the auction. The Court held that financial institutions cannot be prevented from recovering public funds when borrowers…
Victim's Disclosure Must Be Reported Without Private Verification; POCSO Case Against School Official Revived: Supreme Court
The Supreme Court has held that any person who receives direct information from a child regarding an alleged offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) must immediately report the matter to the police and cannot first conduct a private inquiry to verify the allegation. The…
Late Documents Refused in ₹4.46 Crore Standard Chartered Dispute; Strict Commercial Court Rules Upheld: Supreme Court
The Supreme Court has dismissed the appeal filed by M/s. Levitate Mobile Technologies Pvt. Ltd. against M/s. Standard Chartered Bank & Another, holding that parties involved in commercial litigation must strictly comply with procedural timelines. The Court refused to permit the company to produce additional documents…
Cheque Bounce Cases: Sections 138 and 147 of the Negotiable Instruments Act, 1881 Explained; Guidelines Issued on Compounding of Offences: Supreme Court
In a landmark judgment, the Supreme Court has laid down important guidelines regarding the settlement of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881. The Court held that although cheque dishonour cases can be settled at any stage under Section 147 of the Negotiable Instruments Act,…
Unexplained Suspicious Circumstances Can Invalidate a Will; Widow's Property Rights Restored: Supreme Court
The Supreme Court has held that merely proving the execution and registration of a will is not sufficient when serious suspicious circumstances surround its execution. The Court restored the inheritance rights of a widow after holding that the defendants had failed to remove genuine doubts regarding the authenticity…
