Insolvency Law – Withdrawal of CIRP – The appellant sought to withdraw the Corporate Insolvency Resolution Process (CIRP) of Siva Industries under Section 12A of the IBC after the Committee of Creditors (CoC) approved a settlement plan with a 94.23% majority – NCLT and NCLAT rejected the withdrawal application and directed liquidation – Supreme Court emphasized the paramoun...
Environmental Protection – Ecologically Sensitive Zones (ESZ) – Supreme Court directed a minimum ESZ of 1 kilometer around all protected forests, national parks, and wildlife sanctuaries, with existing activities allowed to continue subject to guidelines – Emphasized the importance of a buffer zone to protect wildlife and forest ecosystems – For Jamua Ramgarh sanctuary, sub...
Ancient Monuments and Archaeological Sites – Permissible Construction – The construction activities undertaken by the State of Odisha within the prohibited area of Shree Jagannath Temple for providing basic amenities like toilets, cloak rooms, and electricity rooms – Supreme Court upheld these constructions, stating that they do not fall under the definition of "co...
Criminal Law – Rape – Conviction and Sentence – Appeal against the conviction of the appellant under Section 376 IPC for sexually assaulting his minor daughter. Held, the prosecutrix's testimony, supported by medical evidence and other witnesses, is reliable and cogent. The delay in lodging the FIR does not invalidate the complaint, given societal reluctance to report such cr...
Tribunals – Territorial Jurisdiction – The appellant challenged the orders of the NGT Principal Bench, New Delhi, which prohibited further construction at Rushikonda Hill and rejected the application for vacating the stay – Supreme Court held that the NGT, being a Tribunal, is subordinate to the High Court within the territorial jurisdiction of the High Court – Court emphas...
Condonation of Delay - Application for condonation of delay of 215 days in re-filing the appeal - Delay condoned. [Para 2,5]
Ancestral Property - Validity of Will - Plaintiffs claiming suit properties to be ancestral and seeking a declaration of their rights - Defendant setting up a will excluding plaintiffs - Will duly proved and accepted by lower courts - Exclusion of natural heirs not a susp...
Criminal Law - Additional Evidence - Filling Lacunae – Petition under Section 482 CrPC challenging order allowing additional evidence under Sections 246(6) and 311 CrPC – Complainant sought to examine additional witnesses after evidence closed – Held, Section 311 CrPC allows additional evidence only if essential to secure justice – No evidence shown to be crucial – Al...
Insolvency and Bankruptcy – Financial Debt – The Supreme Court held that a liability in respect of a claim arising out of a Recovery Certificate constitutes a "financial debt" under Section 5(8) of the IBC. Consequently, the holder of a Recovery Certificate is a "financial creditor" as per Section 5(7) of the IBC, and is entitled to initiate CIRP if the application ...
Securities Law – Manipulative Trading – The Supreme Court upheld the SEBI order barring the appellant from proprietary trading for four years. The Court found that the appellant engaged in manipulative self-trades to inflate share prices, causing detriment to investors. The penalty was deemed proportionate to the gravity of the offense [Paras 1-15].
Penalty and Proportionality &ndas...
Service Law – Civil Judges Selection – The Supreme Court held that the rejection of candidates on the technical ground of non-production of original certificates at the time of the interview was improper, unjustified, and not warranted. The Court noted that there were vacancies available, which, if filled by meritorious candidates, would benefit the institution by helping in the dispos...