SARFAESI | Bank Can Forfeit Entire 25% Deposit & Not Just The Extent Of Loss Due To Default By Auction Purchaser : Supreme Court

In a significant verdict, the Supreme Court held that the entire earnest money deposited by an auction purchaser would be forfeited as per Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 (SARFAESI Rules) on the failure to deposit the remaining amount within the stipulated period.The Court rejected the view taken by the Madras High Court that the forfeiture of the earnest...

Declaration Of Title Can Be Sought Based On Adverse Possession : Supreme Court Reiterates

Recently, the Supreme Court reiterated that a suit for declaration of title based on the plea of an adverse possession can be filed by the plaintiff. Reversing the findings of the High Court, the Bench of Justices P.S. Narasimha and Aravind Kumar, while referring to the Judgment of Ravinder Kaur Grewal vs. Manjit Kaur observed that it is a settled position of law that a plaintiff can seek...

Trek Organizer Not Liable For Deaths Of Trekkers Due To Forest Fire: Supreme Court Quashes FIR Against Belgian Citizen

The Supreme Court recently quashed an FIR against a Belgian citizen over the death of 13 trekkers due to a forest fire which took place at the Kerala-Tamil Nadu border in 2018. This trekking expedition was organized and arranged through a website owned by the Belgian citizen, Peter Van Geit. Based on this, the appellant was also embroiled in the matter. Pertinently, he was accused...

When Two Clauses Of A Deed Are Repugnant, Earlier Clause Will Prevail Over Later Clause : Supreme Court

Recently, the Supreme Court observed that if there is a repugnancy between the earlier and later clauses of a deed, whereby a later clause destroys altogether the obligation created by the earlier clause, then the later clause is to be rejected as repugnant to the earlier clause and the earlier clause prevails. Setting-aside the findings of the High Court and Trial Court, the Bench of...

Supreme Court Refuses To Transfer Margadarsi Chit Fund's Appeals From Andhra Pradesh HC To Telangana HC

The Supreme Court on Friday (February 2) refused to transfer the criminal appeal pending against Margadarsi Chit Fund Private Limited (MCFPL) before the Andhra Pradesh High Court to the Telangana High Court. At the outset, when the matter was called on for hearing, the Bench of Justices Abhay S Oka and Ujjal Bhuyan asked the petitioner's counsel “why do you want to transfer the case arising...

Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court

In a case under the Maharashtra Rent Control Act, 1999 (“Act”), the Supreme Court observed that the eviction of a tenant cannot be ordered merely based on a demolition notice issued by the Municipal body. The Court has to examine the "immediate urgency" of the need for demolition.The Court made this observation in the context of Section 16(1)(k) of the Act which says "that the premises...

Supreme Court Asks 6 Maharashtra Police Officers To Pay Rs 6 Lakhs Cost To Tenants Who Were Illegally Evicted

The Supreme Court, in a recent judgment, imposed a cost amounting to Rs. 6 lakhs on six police personnel of the Maharashtra Police for conspiring and illegally detaining tenants, coercing them to sign documents against their will, and demolishing the premises in question without any order from a competent court.The tenants claimed that they were forcefully evicted from the rented premises by...

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), the question of whether the underlying debt is time-barred is based on the evidence. Thus, the High Court should not decide the same in a petition under Section 482 (quashing of FIR) of the CrPC.“Undoubtedly, the question regarding the time-barred nature of an...

Medical Admissions | Supreme Court Approves Centre's Scheme Allowing Resignation From NEET Seats On Joining INIs This Year

Penalties as high as Rs.50 lacs for resigning from medical seats can have the effect of driving away good candidates, the court remarked.

Magistrates Should Summon Accused Only After Recording Satisfaction About Sufficient Grounds To Proceed : Supreme Court

Recently, the Supreme Court observed that a Magistrate, while issuing the summoning order, shall not act in a casual manner; rather they should be satisfied that there exists a sufficient ground for proceedings against the accused. The recording of the satisfaction of the Magistrate while issuing the summons should not be in a cryptic manner but only when a prima facie case is made out from...

Supreme Court Issues Guidelines For Effective Functioning Of Environmental Authorities, Says Regular Auditing Necessary

How effectively environmental bodies are functioning has a direct bearing on protection and restoration of ecological balance, the court said.

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. The Maharashtra Control of Organised Crime Act was invoked against the petitioner/ accused in the present case. He sought for bail on merits. Additionally,...