Tag: Justice Alok Aradhe

Supreme Court Ruling: Defective Affidavit Can Be Corrected in Insolvency Petitions
10Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Defective Affidavit Can Be Corrected in Insolvency Petitions

The Supreme Court held that a defective affidavit filed in support of a Section 7 IBC application is a curable procedural irregularity and does not render the application non est. The Court emphasized that the mandatory notice under Section 7(5)(b) of the IBC must be specifically issued to the applicant before rejection, and procedural rules should not defeat substantive rights. Facts Of The Case: HDFC Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, against Livein Aqua Solutions Pvt. Ltd. for a defaulted loan of ₹5.5 crores. The application, verified on July 26, 2023, was supported by an affidavit deposed on July 17, 2023. The NCLT Ahmedabad Bench rejected the petition at the threshold, citing this date discrepancy in the affidavit as a fatal ...
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Supreme Court Explains: How Legal Representatives Must Be Heard Before Estate Is Attached
9Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains: How Legal Representatives Must Be Heard Before Estate Is Attached

The Supreme Court held that the Arbitration Act is a self-contained code, limiting judicial interference. Letters Patent Appeals against execution orders under the Act are not maintainable. It mandated the issuance of notice under Order XXI, Rule 22 of the CPC to legal representatives as a jurisdictional prerequisite before proceeding against a deceased judgment debtor's estate. Facts Of The Case: The dispute originated from an arbitral award dated 12.07.2010, passed in favour of the appellant, Bharat Kantilal Dalal, against his late father concerning family assets. After the father's death, the appellant sought to execute the award against his uncle (the father's brother), who was the sole beneficiary and executor under the father's Will. The uncle, along with other respondents, res...
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Supreme Court Clarifies Law on Witness Intimidation: Victims Can Go Straight to Police
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Law on Witness Intimidation: Victims Can Go Straight to Police

This Supreme Court judgment clarifies the procedural conflict regarding offences under Section 195A IPC (threatening to give false evidence). The Supreme Court holds that Section 195A IPC is a cognizable offence. Consequently, the police have the independent power to register an FIR and investigate under Sections 154/156 CrPC, and the restrictive complaint procedure under Section 195(1)(b)(i) CrPC is not applicable. Facts Of The Case: The case originated from two separate sets of proceedings. In the first, from Kerala, an FIR was registered under Section 195A IPC after a de facto complainant, who had turned approver in a murder case, was threatened with dire consequences to give false evidence. The accused sought bail, arguing the mandatory procedure under Section 195(1)(b)(i) CrPC—requi...
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Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal
29Dec By The Legal ChamberNo Comments
Supreme Court

Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal

The Supreme Court restored the conviction of the accused under Sections 302 and 201 of the IPC, holding that in cases of unnatural death within a household, the burden to explain the circumstances lies with the accused under Section 106 of the Evidence Act. The Court found the chain of circumstantial evidence complete, establishing guilt beyond reasonable doubt. Facts Of The Case: The case revolves around the death of Smt. Pushpa, who was married to Mahesh Singh. Her family alleged she faced persistent dowry harassment and cruelty from her husband and father-in-law, Janved Singh. On December 31, 1997, Janved Singh reported to police that Pushpa died from accidental electrocution while ironing clothes. However, the post-mortem revealed the cause was asphyxia due to strangula...
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Supreme Court Rules: Bank’s Illegal Mortgage Voids Multi-Crore Property Auction
21Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Bank’s Illegal Mortgage Voids Multi-Crore Property Auction

The Supreme Court quashed the e-auction sale as the proclamation violated Rule 53 of the Income Tax Act's Second Schedule, applicable via the RDDB Act. It failed to disclose material encumbrances, specifically DDA's claim for unearned increase. The Court held the sale was void, applying principles of restitution to refund the auction purchaser with interest. Facts Of The Case: The Delhi Development Authority (DDA) allotted a plot to Sarita Vihar Club on a leasehold basis. The club mortgaged the plot to Corporation Bank without obtaining the mandatory prior written consent from the Lieutenant Governor, as required by the lease deed. When the club defaulted on its loan, the Bank initiated recovery proceedings. The Debt Recovery Tribunal (DRT) ordered the sale of the plot. Despite DDA's obj...
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