Author: Anvita Dwivedi

In a significant judgment strengthening the foundational objectives of the Insolvency and Bankruptcy Code, 2016 (IBC), the Supreme Court has held that mere negotiations for an out-of-court settlement cannot be used as a ground to indefinitely postpone admission of the Corporate Insolvency Resolution Process (CIRP) once the existence of a financial debt and its default stand established. Setting aside the orders of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), which had deferred admission of the insolvency petition solely because settlement discussions were underway, the Court directed revival of the CIRP and reaffirmed that…

In an important interim order delineating the limits of investigative powers over bank account freezing, the Calcutta High Court has permitted the All India Trinamool Congress (TMC) to meet its routine day-to-day expenses from bank accounts that had earlier been placed under a debit freeze, while simultaneously ensuring that the ongoing criminal investigation remains unaffected. Exercising its writ jurisdiction, Justice Saugata Bhattacharyya directed that the accounts may be operated only under the strict supervision of a Special Officer appointed by the Court, thereby striking a judicial balance between preserving the integrity of the investigation and preventing complete paralysis of the…

In a farewell address that transcended ceremonial formality and evolved into a broader reflection on judicial philosophy, institutional accountability and the future of commercial adjudication in India, former Supreme Court Judge and outgoing Chairperson of the National Company Law Appellate Tribunal (NCLAT), Justice Ashok Bhushan, observed that the true legitimacy of judicial institutions does not emanate merely from statutory authority but from the confidence reposed in them by the public. Speaking at a farewell function organised by the NCLT and NCLAT Bar Association upon the completion of his tenure as Chairperson, Justice Bhushan emphasised that every judicial institution ultimately derives…

In a significant judgment harmonising banking regulation with landlord-tenant jurisprudence, the Supreme Court has held that the statutory amalgamation of banks under banking legislation cannot be treated as “subletting”, “assignment” or “parting with possession” so as to furnish a ground for eviction under rent control law. Allowing the appeal filed by British Motor Company against an eviction decree, the Court observed that where tenancy rights pass by virtue of a statutory scheme of amalgamation rather than through a voluntary contractual transfer, the essential legal ingredients of unlawful subletting remain absent. The ruling assumes considerable importance for commercial tenancy law, particularly…

In a significant order reinforcing the constitutional and statutory protection accorded to children’s personal data, the Bombay High Court has granted urgent ex-parte interim relief restraining an alleged cybercriminal group from publishing or disseminating highly sensitive personal information relating to thousands of school children enrolled in educational institutions managed by the Pratiksha Foundation Charitable Trust. Justice Arif S. Doctor, while exercising the Court’s equitable jurisdiction, directed the alleged hacker group, identified as “FulcrumSec”, from leaking, publishing, selling or otherwise disclosing the stolen information and further directed Google and other intermediaries to block the email identifiers allegedly being used by the…

In a significant pronouncement reinforcing the fundamental principles of criminal jurisprudence, the Allahabad High Court has held that a conviction under Section 34 of the Indian Penal Code, 1860 (IPC) cannot be sustained unless the prosecution establishes, through cogent and reliable evidence, that the accused acted pursuant to a pre-arranged plan or “prior concert” with the principal offender. Setting aside a 1990 trial court judgment that had sentenced the appellant to life imprisonment, a Division Bench comprising Justice J.J. Munir and Justice Vinai Kumar Dwivedi acquitted the accused in a murder case dating back to 1987, observing that mere presence…

In an important ruling at the intersection of constitutional free speech and digital governance, the Delhi High Court has directed the restoration of the X (formerly Twitter) account of the “Cockroach Janata Party” (CJP), holding that the primary reason advanced by the Union Government for blocking the account had ceased to exist. Justice Swarana Kanta Sharma allowed the petition filed by CJP founder Abhijit Dipke after recording the submission of the Solicitor General of India that the Centre no longer opposed restoration of the account, as the concern which had prompted the blocking order namely, the possibility of confusion among…

In a significant reaffirmation of one of the foundational principles of the Insolvency and Bankruptcy Code, 2016 (IBC), the Supreme Court has declined to interfere with the National Company Law Appellate Tribunal’s (NCLAT) decision rejecting an operational creditor’s insolvency application against Essar Power Gujarat Limited. Holding that the record clearly disclosed the existence of a genuine pre-existing dispute between the parties, the Court reiterated that the corporate insolvency resolution process under Section 9 of the IBC cannot be invoked as a substitute for ordinary debt recovery proceedings. A Bench comprising Justice Nongmeikapam Kotiswar Singh and Justice K. Vinod Chandran dismissed…

In a significant development in the evolving jurisprudence of sports law in India, the Supreme Court has agreed to urgently hear a challenge to the selection of India’s Dressage team for the 2026 Asian Games after the Delhi High Court declined to interfere with the selection process despite identifying procedural lapses in the implementation of the prescribed selection criteria. A Vacation Bench comprising Justice Ahsanuddin Amanullah and Justice Sheel Nagu, upon oral mentioning of the matter, directed that the appeal be listed for hearing on July 9, recognising the urgency arising from the imminent deadline for submission of entries for…

The Supreme Court has issued notice to the Central Board of Secondary Education (CBSE) on a writ petition filed by Class XII students studying in CBSE-affiliated schools across Gulf countries, challenging the special assessment formula adopted after the cancellation of Board examinations in the West Asia region owing to geopolitical tensions. While refraining from expressing any opinion on the merits of the controversy at this preliminary stage, a Bench comprising Justice K.V. Viswanathan and Justice Alok Aradhe found the issues raised to warrant judicial examination and directed the respondents to file their response. The Court also ordered that a copy…