Supreme Court ruled that the Chief Justice’s office falls under the RTI Act, affirming transparency while safeguarding judicial independence and privacy rights.
SC clarified that personal insolvency proceedings under Section 94 IBC do not stay criminal trials for cheque dishonour under Section 138 NI Act.
SC held that liquidation of a company does not protect its director or personal guarantor from prosecution under Section 138 of Negotiable Instruments Act. Criminal liability remains independent of insolvency proceedings.
SC affirmed a fire insurance claim after insurer attempted repudiation based on an arbitrary surveyor’s report. Ruling held that once a genuine loss is proven, the exact cause of fire is irrelevant, and surveyors cannot ignore documented evidence of stock loss. The key takeaway is that insurance policy terms like FFF (Furniture, Fixtures, and Fittings) must be interpreted broadly in favor of insured.
The Supreme Court mandated specific performance for a property sale, ruling that the vendor’s acceptance of an extra payment after the initial period expired constituted a waiver of the right to terminate. The Court restored the sale decree, affirming that time is not automatically the essence in immovable property contracts.
SC set aside a HC conviction in a corruption trap case, reinstating acquittal of a Labour Officer. SC ruled that recovery of cash alone is insufficient for conviction under PC Act unless prosecution first proves accused demanded and accepted bribe.
SC ruled that holders of Cumulative Redeemable Preference Shares (CRPS) are investors, not creditors, affirming debt-equity distinction. Since CRPS is equity and redemption is conditional on profits, no ‘financial debt’ or ‘default’ under IBC exists, barring them from invoking Section 7.
The Supreme Court set aside High Court and ITAT orders, condoning a 166-day delay in an appeal (Vidya Shankar Jaiswal Vs ITO). The court mandated a justice oriented and liberal approach to delay condonation.
Supreme Court held that urgency in intellectual property infringement suits arises from continuing nature of wrong, not from how long infringement has persisted. Delay alone cannot bar exemption from pre-institution mediation under Section 12A. Court restored the suit, clarifying that each act of ongoing infringement creates a fresh cause of action.
The Supreme Court dismissed Arham Infra Developers’ petitions against GST assessments, holding that alternate statutory appeals under Section 107 of the CGST Act must be exhausted before invoking writ jurisdiction.
