Legal Cell

Discusses IBC sections, CIRP regulations, CoC powers, and judicial review limits, offering broad insights into insolvency law. Citation: 2025 INSC 1165 Court: Supreme Court of India List of Laws: Insolvency and Bankruptcy Code, 2016; Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016; Arbitration and Conciliation Act, 1996; Banking Regulation Act, 1949; Indian Penal Code, 1860; Prevention of Corruption Act, 1988; The Prevention of Money Laundering Act, 2002; Constitution of India, 1949; General Principles of Law Legal Discussion: Insolvency and Bankruptcy Code, 2016: The judgment extensively discusses several sections of the IBC. Section 7 concerns the initiation of the CIRP by a financial creditor. Section 12 deals with the time limit for completion of the insolvency resolution process. Section 14 discusses the imposition of a moratorium. Sect...

Discusses principles for quashing criminal proceedings and interpreting penal provisions. Citation: 2025 INSC 1168 Court: Supreme Court of India List of Laws: Indian Penal Code, 1860; Code of Criminal Procedure, 1973; General Principles of Law Legal Discussion: Indian Penal Code, 1860: The judgment discusses Sections 498-A, 377, and 506 read with Section 34 of the IPC. The appellants sought quashing of the FIR lodged against them for offences punishable under these sections. The court examined whether the necessary ingredients for invoking these provisions were present in the FIR. Regarding Section 498-A, the court noted the requirement of cruelty inflicted with the intention to cause grave injury or drive the victim to commit suicide, and found such allegations absent. As for Sections 377 and 506, the court observed that the allegations were primarily against the complainant's husband, not the appell...

Discusses competition law principles, natural justice, proportionality, and statutory interpretation applicable across various legal domains. Citation: 2025 INSC 1167 Court: Supreme Court of India List of Laws: The Competition Act, 2002; Competition Commission of India (General) Regulations, 2009; The Monopolies and Restrictive Trade Practices Act, 1969; Constitution of India, 1949; General Principles of Law; Indian Evidence Act, 1872; Code of Civil Procedure, 1908 Legal Discussion: The Competition Act, 2002: The judgment extensively discusses several sections of the Competition Act, 2002. Section 3(1) read with Section 3(3)(b) is discussed in the context of anti-competitive agreements and the contravention thereof by the Kerala Film Exhibitors Federation (KFEF). The judgment details how KFEF's actions were found to be in violation of these sections. Section 4 deals with abuse of dominant position. Se...

Discusses survival of claims, statutory interpretation, and compensation principles applicable across legal domains. Citation: 2025 INSC 1177 Court: Supreme Court of India List of Laws: Indian Succession Act, 1925; Motor Vehicles Act, 1988; General Principles of Law Legal Discussion: Indian Succession Act, 1925: The judgment discusses Section 306 of the Act. The insurance company contended that, based on this section and interpretations by the Madhya Pradesh High Court in Bhagwati Bai and Anr. v. Bablu and Mukund and Ors. and the Allahabad High Court in Saroj Sharma v. State of U.P., the claim for compensation for personal injury should not continue after the claimant's death and cannot be pursued by legal representatives. The court ultimately distinguished this argument based on amendments to the Motor Vehicles Act. Motor Vehicles Act, 1988: The judgment refers to Section 166 of the Act. The Full ...

Discusses principles for appellate review of acquittals and admissibility of evidence. Citation: 2025 INSC 1166 Court: Supreme Court of India List of Laws: Code of Criminal Procedure, 1973; Indian Penal Code, 1860; Indian Evidence Act, 1872; General Principles of Law Legal Discussion: Code of Criminal Procedure, 1973: Section 374(2) CrPC is mentioned as the provision under which the accused-respondents filed appeals in the Rajasthan High Court against the trial court's judgment. Section 173(2) CrPC is mentioned concerning the submission of a chargesheet against the accused-respondents after the investigation. Section 313 CrPC is mentioned regarding the examination of the accused-respondents, where they were asked to explain the circumstances appearing against them in the prosecution case. Indian Penal Code, 1860: The judgment discusses Sections 302, 120-B, 143, and 201 IPC, under which the accused-...

Discusses arbitration law, contract interpretation, natural justice, and scope of judicial review. Citation: 2025 INSC 1171 Court: Supreme Court of India List of Laws: Arbitration and Conciliation Act, 1996; Commercial Courts Act, 2015; Indian Contract Act, 1872; Indian Evidence Act, 1872; Constitution of India, 1949; General Principles of Law Legal Discussion: Arbitration and Conciliation Act, 1996: The judgment extensively discusses Section 34, outlining the grounds for setting aside an arbitral award, including incapacity of a party, invalidity of the arbitration agreement, lack of proper notice, disputes beyond the scope of submission to arbitration, composition of the arbitral tribunal, and conflict with public policy of India. It clarifies that an award conflicting with the fundamental policy of Indian law, basic notions of morality/justice, or induced by fraud/corruption can be set aside. Section 3...

Discusses pension rules, family definitions, and interpretation of government resolutions, applicable in similar cases. Citation: 2025:BHC-AUG:26558-DB Court: High Court of Bombay, Aurangabad (Civil) List of Laws: Maharashtra Civil Services (Pension) Rules, 1982 (MCSR 1982); Defined Contributory Pension Scheme (DCPS); Government Resolutions and Circulars; General Principles of Law Legal Discussion: Maharashtra Civil Services (Pension) Rules, 1982 (MCSR 1982): The judgment extensively discusses the applicability of MCSR 1982 in determining family pension eligibility. It specifically mentions Rules 115 and 116. Rule 115 pertains to nominations, and proviso (i) to Sub Rule (1) states that when a government servant has a family, the nomination shall not be in favor of any person other than family members. Rule 116 (16)(b) defines "Family" in relation to a Government servant, including wife/husband, judicially sep...

Discusses statutory interpretation, application of natural justice, and challenges to tariff orders. Citation: 2025:BHC-AUG:26585-DB Court: High Court of Bombay, Aurangabad (Civil) List of Laws: Companies Act, 2013; Maharashtra Water Resources Regulatory Authority Act, 2005 (MWRRA Act); The Maharashtra Land Revenue Code, 1966 (MLR Code); Maharashtra Irrigation Act, 1976; General Principles of Law Legal Discussion: Companies Act, 2013: The judgment mentions that United Spirits Limited is a company incorporated under this Act. No specific sections are discussed. Maharashtra Water Resources Regulatory Authority Act, 2005 (MWRRA Act): The judgment extensively discusses the MWRRA Act. It mentions that bulk water tariff orders were issued under its provisions. Section 11(d) is specifically cited, empowering the authority to issue bulk water tariff orders and establish water operation systems, fixing criteria for water cha...

Discusses the criteria for trade union recognition under the MRTU & PULP Act, including membership and procedural requirements. Citation: 2025:BHC-AS:40949-DB Court: High Court of Bombay, Bombay (Civil) List of Laws: Trade Unions Act, 1926; Companies Act, 2013; The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) Legal Discussion: Trade Unions Act, 1926: The judgment mentions that the All India Siemens Employees Union and Siemens Workers Union are registered under the Trade Unions Act, 1926. No specific sections of the Act are discussed, but the judgment acknowledges the unions' registration under this Act as a foundational element of their legal standing. Companies Act, 2013: The judgment notes that Siemens Ltd. is a company registered under the Companies Act, 1956. No specific sections of this Act are discussed, but the judgment acknowledges ...

Discusses principles of delay, laches, continuing wrong, recurring wrong, and limitation in writ petitions. Citation: 2025:BHC-NAG:9828-DB Court: High Court of Bombay, Nagpur (Civil) List of Laws: Constitution of India, 1949; Limitation Act, 1963; General Principles of Law Legal Discussion: Constitution of India, 1949: The judgment discusses Article 226, noting that it confers extraordinary jurisdiction on High Courts. It emphasizes that this jurisdiction is discretionary and equitable. The court refers to P.S. Sadasivaswamy Vs. State of Tamil Nadu, stating that while there is no period of limitation, courts should refuse to exercise this power if the applicant delays approaching the court. It also mentions Article 14, stating that it would not be attracted in a situation where delay and/or laches on the part of a government servant may deprive him of the benefit which had been given to others. Further, it mentions Art...