Writ Petition – Supreme Court Jurisdiction Over SEBI's Regulatory Domain – SEBI's regulatory and delegated legislative powers scrutinized – Court refrains from substituting its own wisdom over SEBI’s regulatory policies – Judicial review limited to scrutinizing violations of fundamental rights, constitutional provisions, statutory provisions, or manifest arbit...
Employment Law – Appointment of Assistant Teachers – Validity of appointments questioned due to alleged manipulation by school management – State stopped disbursement of salaries – Appellants' service not terminated – Appellants seeking redress for unpaid salaries and reinstatement. [Paras 1-6]
Judicial Review – High Court’s dismissal of writ petiti...
Right to Claim Set-Off in Corporate Insolvency Resolution Process – Examining the applicability of set-off during the resolution process under the Insolvency and Bankruptcy Code, 2016 – Bharti Airtel Limited’s claim for set-off rejected by Resolution Professional and subsequently by the Adjudicating Authority. [Paras 1, 11, 30-34]
Interpretation of Set-Off – Di...
Insolvency and Bankruptcy – Application of Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016 (IBC) to dissenting financial creditors – Entitlement to payment not less than the liquidation value of their security interest – Applicability of the IBC (Amendment) Act, 2019 to pending proceedings and appeals. [Para 22, 23, 24]
Secured Creditors – Diff...
Judicial Discipline and Precedent - Importance of adhering to judicial discipline and doctrine of precedents emphasized - Binding nature of decisions of co-equal benches of the same High Court, subject to the right to refer to a larger bench - Ensures certainty and consistency in judicial decisions. [Para 1]
Property Rights Dispute - Appeal against the judgment of the Madurai Bench of...
Arbitration – Appointment of Arbitrator – Insufficient Stamping – The Supreme Court held that the jurisdiction to adjudicate issues at the pre-appointment stage of an arbitrator is limited to taking a prima facie view on the existence of the arbitration agreement. Issues of arbitrability and validity, including concerns of insufficient stamping, should be referred to arbitration ...
Unfair Trade Practice – Delay in Possession and Extra Charges – The Supreme Court held that compensation under Section 12-B of the MRTP Act can only be granted when a consumer proves that loss or damage was caused due to monopolistic, restrictive, or unfair trade practices. The appellants failed to prove that the respondent engaged in unfair trade practices, and thus were not entitled ...
Insurance Law – Repudiation of Claim – Deterioration of Stock Policy – The Supreme Court upheld the repudiation of the insurance claim by the insurer, New India Assurance Company Limited, based on the specific terms of the DOS Policy. The policy clearly stated that the insurer would not be liable for any damage if the temperature in the refrigeration chambers did not exceed 4.4 d...
Insurance Policy – Commencement Date Determination – Interpretation of insurance policy terms to ascertain the effective date of policy commencement – Focus on the dates of policy issuance, premium payment, and risk acceptance in determining policy start date. [Para 2-4, 9-11]
Suicide Clause in Insurance Policy – Application of suicide clause in life insurance ...
Workmen's Compensation – Interest on Compensation – Delay in Payment – The Supreme Court held that the High Court erred in interfering with the award of interest on compensation after dismissing the insurer's appeal on the ground of limitation. Once the appeal was dismissed for delay, there was no occasion for the High Court to entertain it on merits. Section 4A of the Wo...