'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Unless it is shown that the physical relationship was purely out of the promise of marriage, it cannot be said that consent was vitiated due to misconception of fact, the Court said.

Sale Certificate Issued After Court Auction Not Compulsorily Registrable; Auction Purchaser Need Not Deposit Stamp Duty To Get It : Supreme Court

The Supreme Court observed that the successful auction purchaser doesn't need to deposit stamp duty for the issuance of a sale certificate pursuant to the auction done in a court proceedings. The Court clarified that the stamp duty would be payable only when the auction purchaser uses the certificate for some other purpose, but not when the certificate remains as it is. “The position of law discussed above makes it clear that sale certificate issued by the authorised officer is not...

S.19(b) Specific Relief Act | To Claim 'Bona Fide Purchaser' Protection, Subsequent Purchaser Must Make Due Inquiries : Supreme Court

In a recent decision, the Supreme Court observed that a 'subsequent purchaser' of immovable property cannot claim the benefit of a 'bona fide' purchaser under Section 19(b) of the Specific Relief Act, 1963 (“Act”) if they fail to exercise due diligence regarding the status of the current possessor of the property they intend to purchase The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan observed that a subsequent purchaser who fails to conduct proper inquiries about the title...

Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024

IndexCitationPrem Lal Anand and Ors. v. Narendra Kumar and Ors. 2024 LiveLaw (SC) 892Thankamma George v. Lilly Thomas and Anr. 2024 LiveLaw (SC) 893Kavita Nagar & Ors. v. Oriental Insurance Co. Ltd. 2024 LiveLaw (SC) 894Ramachandra Reddy (Dead) Thr. Lrs. & Ors. v. Ramulu Ammal (Dead) Thr. Lrs., Civil Appeal No. 3034 of 2012 2024 LiveLaw (SC) 895Satyendra Singh v. State of Uttar Pradesh & Anr. 2024 LiveLaw (SC) 896Bar of Indian Lawyers Through Its President Jasbir Sigh Malik v. D.K....

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

The Court reiterated that High Courts should not impose time bound schedule for trial as it affects functioning of trial court which have large pendency.

'Preferential Allotment To A Few Elites Promotes Inequality': Supreme Court Quashes Land Allotment For MPs, MLAs, Judges Etc In Hyderabad

Preferential treatment conveys the message that some individuals are entitled to more based on their status, the Court said.

Socialism Means Commitment To Be A Welfare State; 'Socialist' In Preamble Doesn't Mandate Any Specific Economic Policy : Supreme Court

The Supreme Court observed that the word 'Socialism' used in the Preamble of Our Constitution cannot be interpreted as restricting it to a mere economic ideology adopted by the elected government of the past. The Court observed that instead of limiting the meaning of socialism to the choice of economic policies brought in by a democratically elected government, Socialism should be understood...

'No Legitimate Cause' : Supreme Court Dismisses Pleas Challenging Inclusion Of Words 'Socialist' & 'Secular' In Constitution's Preamble

The Supreme Court today (November 25) dismissed a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution as per the 42nd Amendment passed in 1976.The bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar observed that there was no "legitimate cause or justification for challenging this...

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability

Dealing with the case of a motor accident injured, the Supreme Court recently analyzed the jurisprudence on "pain and suffering" (one of the heads under which compensation is awarded to motor accident victims) and enhanced the amount of compensation awarded - beyond what was prayed for.A bench of Justices CT Ravikumar and Sanjay Karol, allowing the appeal of the injured-appellant, awarded...

S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court

Extending the time for an arbitral tribunal to pass its award, the Supreme Court recently observed that extension can be allowed even after the expiry of the statutory period and the phrase "sufficient cause" under Section 29A of the Arbitration and Conciliation Act should take color from the underlying purpose of the arbitration process (ie facilitating effective dispute resolution)."The...

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court

The Supreme Court clarified that under Section 27 of the Evidence Act, only the specific portion of the statement of the accused which is directly linked to the discovery/recovery of evidence is admissible, and that the confession of the accused cannot be incorporated while proving a statement under Section 27. The Court held that inadmissible parts of such statements cannot be incorporated...

Appellate Court Can Examine Existence Of Jurisdictional Fact Despite Trial Court's Omission To Frame Issue On Maintainability Of Suit : Supreme Court

The Supreme Court has clarified that a higher court is not barred from examining the existence of jurisdictional fact merely because the trial court did not frame an issue regarding maintainability, provided no new facts/evidence are required at the appellate stage.To this end, the Court clarified the judgments in A. Kanthamani v. Nasreen Ahmed (2017) 4 SCC 654 and I.S. Sikandar v. K....