Supreme court
Eviction Order Under Public Premises Act Doesn't Bar Arbitration For Contractual Disputes : Supreme Court
The Supreme Court observed that an eviction order passed by the Estate Officer under the Public Premises Act would not come in the way while invoking the arbitration clause upon filing an application under Section 11(6) of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) for appointment of an arbitrator to decide contractual disputes.The bench comprising Justice PS...
Society Expects Every HC Judge To Be An Epitome of Unimpeachable Integrity, Champion Of Moral Excellence & Professionalism : Supreme Court
In a recent judgment, the Supreme Court emphasised the need for the Judges of the High Courts to uphold integrity and probity while discharging judicial functions.The Court made these pertinent observations while recording strong disapproval of the conduct of a Gujarat High Court Judge in releasing the reasoned judgment a year after the operative portion was dictated in the Court.While...
Avoid Dictating Lengthy Judgments In Court; Pronounce Only Operative Part If Dictation Likely To Exceed 20/25 Minutes: Supreme Court To HC Judges
To maximize judicial time by avoiding dictating lengthy judgments in court, the Supreme Court on Monday (Oct. 21) recommended that High Court Judges adopt a practice of pronouncing an operative part of the judgment/order when they believe that the estimated time for dictating a judgment/order would be beyond 20/25 minutes. The Court added that the operative part of the judgment/order could...
S. 294 CrPC | Defence Can't Be Given Chance To Discredit Prosecution Documents Which Were Admitted As Genuine By Them : Supreme Court
The Supreme Court today (Oct. 21) observed that when the defence admits the genuineness of the prosecution documents and dispenses with its formal proof then, such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The bench comprising Justices Vikram Nath and Prasanna B. Varale said that after the prosecution's documents were admitted under Section 294 Cr.P.C. by...
If Judges Pronounce Only Operative Part, Then Reasons For Decision Should Be Given In 2-5 Days : Supreme Court
In an important judgment, the Supreme Court has urged the High Court judges to ensure that if they are pronouncing only the operative part of the judgment by saying that reasons will follow, then they should endeavour to give the reasons within 2-5 days.The Court observed that if a judge feels that the reasons can't be given within 5 days due to work pressure, then it would be prudent to...
Smaller Land Sales Can Be Considered For Determining Fair & Just Land Acquisition Compensation: Supreme Court
The Supreme Court on Monday (Oct. 21) observed that there's no bar to take into account the sale of smaller pieces of land as an exemplar for determining the fair and just land acquisition compensation. “In the instant case, there are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation. Since there is no legal impediment...
Banks Can Claim Tax Deductions For Broken Period Interest On HTM Securities If Held As Trading Assets: Supreme Court
The Supreme Court on Wednesday (October 16) held that banks can claim tax deductions for broken period interest on held to maturity (HTM) government securities if they are held as trading asset. “Therefore, on facts, if it is found that HTM Security is held as an investment, the benefit of broken period interest will not be available. The position will be otherwise if it is held...
'Breaches Discipline Of Law Laid Down In IBC' : Supreme Court Disapproves Of HC Deferring CIRP Under Article 226
The Supreme Court recently took exception to the Telangana High Court ordering the deferring of the Corporate Insolvency Resolution Process in the exercise of powers under Article 226 of the Constitution.The Bench of Chief Justice of India DY Chandrachud , Justice J.B. Pardiwala and Justice Manoj Misra, held that the High Court was not justified in deferring the Corporate...
Specific Relief Act | In Agreement To Sell Property Under Joint Ownership, Onus Is On Plaintiff To Secure Consent Of All Co-Owners : Supreme Court
Recently, the Supreme Court observed that when the plaintiff seeks specific performance of the agreement to sell a property (being jointly owned by multiple persons), then the onus is on the plaintiff to ensure that all necessary consents and participations are secured to prove his readiness and willingness towards the performance of the contract.The bench comprising Justices Vikram Nath,...
Children Of Those Who Didn't Renounce Indian Citizenship By Making Declaration U/S. 8(1) Of Citizenship Act Before Acquiring Foreign Citizenship Can't Resume Indian Citizenship U/S. 8(2): Supreme Court
The Supreme Court pronounced an important judgment on Friday (October 18) dealing with various provisions relating to Indian citizenship. The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as...
S. 319 CrPC | No Mandate To Decide Application To Summon Additional Accuded Before Cross-Examination Of Other Witnesses : Supreme Court
The Supreme Court on Friday (Oct. 18) observed that there's no bar for the trial court to decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness.“Therefore, the complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of...
