Search Judgments

Industrial Disputes Act, 1947 – Section 11A – This case involves a writ appeal against a single judge’s order, which upheld a tribunal’s decision to modify the punishment of dismissal to compulsory retirement for an employee of a bank. The employee was charged with misappropriation. The employee admitted his guilt during the enquiry.

The Tribunal, while concurring with the Enquiry Officer’s finding, reduced the punishment considering the employee’s long service, his initial position as a Sub-Staff, and the lack of consideration for mitigating circumstances by the Disciplinary Authority, as required by a bipartite settlement.

Indian Penal Code (IPC) – Sections 420 and 120B, Code of Criminal Procedure (Cr.P.C.) – Section 482 – The case involves allegations of conspiracy and cheating against several accused, including M/s Truedom EPC India Pvt. Ltd. and others, for fraudulently obtaining a Rs. 30 Crore term loan from Indian Overseas Bank (IOB).

Motor Vehicles Act, 1988 – Section 166 – This appeal addresses the adequacy of compensation awarded to the appellant, Baby Sakshi, who sustained grievous injuries in a motor vehicle accident at the age of seven. The Motor Accident Claims Tribunal initially awarded Rs. 5,90,750, which the High Court enhanced to Rs. 11,51,000.

Insolvency and Bankruptcy Code, 2016 (IBC) – Section 7, Limitation Act, 1963 – Section 18 & 238A – The appeal contests the dismissal of a Section 7 IBC application by the NCLAT and NCLT, deeming it time-barred. The appellant argued that the respondent’s audited financial statements, specifically the Balance Sheet of F.Y. 2019-20, contained an acknowledgment of debt, extending the limitation period. The respondent countered that the application was time-barred from the date of default and that the balance sheet did not explicitly name the appellant, thus not constituting a valid acknowledgment.

(Insolvency Resolution Process and Commercial Wisdom of CoC)

 Insolvency and Bankruptcy Code, 2016 (IBC) - Sections 30(2), 30(4), 31, 61(3), 62; Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - Regulation 39(1A) - This judgment addresses civil appeals filed by unsuccessful resolution applicants (Torrent Power, Vantage Point, and Jindal Power) challenging the approval of the resolution plan submitted by Sarda Energy and Minerals Limited (SEML) for SKS Power Generation (Chhattisgarh) Limited (Corporate Debtor).

The appellants alleged material irregularities in the Corporate Insolvency Resolution Process (CIRP), specifically that SEML improperly modified its resolution plan after the negotiation process. The alleged modifications included: (i) increasing its commitment for Bank Guarantees (BGs) from Rs. 103.39 crores to Rs.

Negotiable Instruments Act, 1881 – Section 138 and 141 – This appeal addresses the quashing of criminal proceedings against Respondent No. 2, Mrs. Ranjana Sharma, under Section 138 of the Negotiable Instruments Act, 1881, by the Bombay High Court. The High Court based its decision on the insufficiency of averments in the complaint to establish vicarious liability under Section 141 of the Act.

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Section 8(c), 80, its Schedules and Rules – Code of Criminal Procedure, 1973 (CrPC) – Section 216 -Constitution of India – Article 20(1) – Drugs and Cosmetics Act, 1940 (D&C Act) – its Rules – This judgment clarified that dealing with psychotropic substances listed in the Schedule to the NDPS Act, even if not in Schedule I of its Rules, constitutes an offence under Section 8(c). The D&C Act operates in addition to, not in derogation of, the NDPS Act (Section 80).

The Court reaffirmed Union of India v. Sanjeev V.