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The Supreme Court on Thursday ruled that homebuyers' societies or Resident Welfare Associations (RWAs) ordinarily constituted for maintenance and management of common facilities in a housing project cannot intervene in the insolvency proceedings of the developer company. A bench of justices JB Pardiwala and R Mahdevan, which upheld the insolvency proceedings related to Takshashila Heights India Private Ltd under the Insolvency and Bankruptcy Code of 2016, said if creditors elect to invoke the provisions of the code, they must do so with a genuine willingness to pursue revival of the corporate debtor. It said, "Should revival not be their objective, the Code cannot be converted into a tool for expedient recovery; alternative statutory remedies, including under SARFAESI or other applicable laws, remain available in accordance with law." The bench upheld the rejection of intervention application by National Company Law Appellate Tribunal (NCLAT) of Elegna Co-operative Housing and ...
The Enforcement Directorate told the Supreme Court on Thursday that the West Bengal government's "interference and obstruction", including by Chief Minister Mamata Banerjee, in its probe and search operation at the I-PAC office and its chief's residence reflects a very shocking pattern. Solicitor General Tushar Mehta, appearing for the ED, told a bench of Justices Prashant Kumar Mishra and Vipul Pancholi that in the past also, whenever statutory authorities exercised statutory power, Banerjee barged in and interfered. "It reflects a very shocking pattern," Mehta said while contending that this will only encourage such acts, and the central forces will be demoralised. "The states will feel they can barge in, commit theft, and then sit on a dharna. Let an example be set; officers who were explicitly present there should be suspended," the solicitor general said. The ED's plea in the apex court follows events from January 8, when ED's officials faced obstructions during the probe ...
The Supreme Court on Thursday refused to entertain a plea filed by the producer of Vijay-starrer Tamil film "Jana Nayagan", challenging an interim order of the Madras High Court that stayed a single-judge direction to grant censor board clearance to the movie. A bench of Justices Dipankar Datta and Augustine George Masih, which questioned the pace at which the case was dealt in the Madras High Court, asked the film producers to approach the division bench of the high court for relief. The top court also asked the Madras High Court to decide the plea on January 20 after senior advocate Mukul Rohatgi, appearing for the producers, said a film is a perishable item, and it would cause "serious injury" if the matter is delayed. On January 9, the Madras High Court stayed a single judge's order directing the Central Board of Film Certification (CBFC) to immediately grant a censor certificate to "Jana Nayagan", leaving the fate of actor-turned-politician Vijay's film, which has drawn attenti
The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of a 2018 provision of the anti-graft law which mandates prior sanction for initiating a probe against a government servant in a corruption case. While Justice B V Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down, Justice K V Viswanathan held the provision as constitutional while adding that sanction must be decided by an independent authority like the Lokpal or the Lokayukta. Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any enquiry or inquiry or investigation against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority. The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter for a final decision. "Having regard to the divergent opinions expressed by us, we direct th
Observing that granting admissions to poor kids in educational institutions "must be a national mission", the Supreme Court directed authorities on Tuesday to frame rules to ensure that the 25 per cent quota in admissions for children from economically and socially weaker sections in private unaided non-minority schools is implemented. The court said the grant of admission to kids from the EWS category is "an obligation of the appropriate government and the local authority. Equally, courts, be it constitutional or civil, must walk that extra mile to provide easy access and efficient relief to parents who complain of denial of the right". The bench was dealing with aspects relating to difficulties faced by EWS category students in getting admissions under the Right to Education (RTE) Act, which has mandated 25 per cent reservation for such children in private unaided non-minority schools. A bench of Justices P M Narasimha and Atul S Chandurkar was hearing a special leave petition fil
The Supreme Court on Tuesday confirmed its earlier order granting interim bail to Uttar Pradesh MLA Abbas Ansari, son of late gangster Mukhtar Ansari, in a case under the state's Gangsters Act. On August 31, 2024, an FIR was lodged at Kotwali Karvi police station in Chitrakoot district under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, against Ansari and others on charges of extortion and assault. On March 7 last year, the top court granted six-week interim bail to Ansari in the case. On Tuesday, a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi took note of the submissions of senior advocate Kapil Sibal and advocate Nizam Pasha, appearing for Ansari, and regularised the interim bail granted earlier in the case. The relief from the top court in March 2025 had paved the way for Ansari's release from Kasganj jail. He had been granted bail in all other criminal cases against him. The bench ha
The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of a 2018 provision of the anti-graft law which mandates prior sanction before initiating a probe against a government servant in a corruption case. While Justice BV Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down, Justice KV Viswanathan held the provision as constitutional while stressing on the need to protect honest officers. Requirement of prior sanction is contrary to the Prevention of Corruption Act, forecloses inquiry and protects corrupt, Justice Nagarathna said. Justice Viswanathan said striking down section 17A will be akin to throwing the baby out with the bath water and the cure will be worse than the disease. The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter again for a final decision. Section 17A of the Prevention of Corruption Act, 1988, introduced in Ju
The Supreme Court on Monday sought a response from the Election Commission on fresh interim pleas of Trinamool Congress MPs alleging arbitrariness and procedural irregularities in the Special Intensive Revision (SIR) of electoral rolls in West Bengal. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of applications filed by lawmakers Derek O Brien and Dola Sen in their pending petitions challenging the procedural actions taken in the ongoing SIR in the state. Senior advocate Kapil Sibal, appearing for Derek O Brien, said the EC's instructions on the SIR are being issued through social media platforms like WhatsApp and made booth-level officers (BLOs) act without any formal orders. Sibal also said the poll panel has introduced a 'logical discrepancy' category of voters, who may be issued notice for a quasi-judicial hearing on their eligibility over errors or anomalies in the voter details. The counsel representing the poll panel sought two weeks to f
The producer of the Tamil film Jana Nayagan, starring actor Vijay, approached the Supreme Court on Monday, challenging an interim order of the Madras High Court that stayed a single-judge direction to grant the CBFC clearance to the movie. On January 9, the Madras High Court stayed a single judge's order directing the CBFC to immediately grant a censor certificate to Jana Nayagan, leaving the fate of actor-turned-politician Vijay's film, which has drawn attention for its political overtones, in limbo. KVN Productions LLP filed an appeal against the order passed by a division bench of the high court last Friday, which put on hold the single bench's directive to the board to issue the film's certificate forthwith. Vijay recently launched his political party, Tamilaga Vettri Kazhagam (TVK). Jana Nayagan, which is widely publicised as Vijay's final film before his full-fledged entry into politics, was slated for a Pongal release on January 9. However, the film ran into last-minute ...