Supreme court
Citizens Who Approach Police Station To Report Crime Entitled To Be Treated With Dignity : Supreme Court
The Supreme Court has observed that every person who approaches a police station to report the commission of an offence is entitled to be treated with dignity. "That is his fundamental right under Article 21 of the Constitution of India," the Court stated.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan made the observation while upholding an order of the Tamil Nadu State Human...
Delay Cannot Be Reason To Quash FIRs For Offences Punishable With More Than 3 Years Imprisonment : Supreme Court
The Supreme Court clarified that a delay in registration of an FIR for offences punishable for more than three years is not a ground to quash the FIR if the same discloses the commission of a cognizable offence. The bench comprising Justices Dipankar Datta and Manmohan was hearing the case where FIR was registered against the Respondent Nos 2 and 3 under Sections 467,468,471,420, and 120B of...
Mere Institution Of Civil Proceedings Not A Ground To Quash FIR : Supreme Court
The Supreme Court has reiterated that the mere institution of civil proceedings does not automatically justify the quashing of a First Information Report (FIR).The Court observed that the existence of a civil remedy for breach of contract does not preclude the initiation or continuation of criminal proceedings. "Simply because there is a remedy provided for breach of contract, that does not by...
S. 8 IBC | Service Of Demand Notice On Corporate Debtor's Key Managerial Personnel Is Valid To Trigger Insolvency Process : Supreme Court
The Supreme Court on Tuesday (April 29) upheld the delivery of a demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to the corporate debtor's Key Managerial Personnel (KMP), stating that the delivery of the notice to the KMP substantially complies with the requirement of Section 8 of IBC. Setting aside the National Company Law Appellate Tribunal...
In Cases Of Cross-FIRs, Unfair To Quash One FIR While Probing The Other; Both Be Investigated Together : Supreme Court
The Supreme Court yesterday (April 29) ruled that in cases involving cross-FIRs, it would be imprudent to quash one FIR and investigate another FIR. Instead, the investigative agency must examine both the FIRs, as truth-seeking requires examining both sides of the dispute comprehensively.“this Court is of the opinion that in cases involving cross-FIRs, it would be prudent and fair if...
Supreme Court Weekly Round-up: April 21, 2025 To April 27, 2025
Nominal Index [Citation – 441- 491]Citations R. Baiju v. State of Kerala 2025 LiveLaw (SC) 441Ajay Raj Shetty v. Director and Anr. 2025 LiveLaw (SC) 442Subhash Aggarwal v. State of NCT of Delhi 2025 LiveLaw (SC) 443Soumen Paul & Ors. v. Shrabani Nayek & Ors. 2025 LiveLaw (SC) 444Samtola Devi v. State of Uttar Pradesh & Ors. 2025 LiveLaw (SC) 445Manjunath Tirakappa Malagi and Anr....
Consumer Protection Act 2019 | Fixing Pecuniary Jurisdiction Based On Value Of Consideration Is Constitutional: Supreme Court
The Supreme Court today (April 29) upheld the constitutionality of the provisions of the Consumer Protection Act, 2019, prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and services paid as consideration, instead of compensation claimed.The Court dismissed the constitutional challenge to Section 34, 47 and 58 of the 2019 Act...
Order XI Rule 14 CPC | Appellate Court Cannot Direct Production Of Document In Appeal Against Rejection Of Plaint : Supreme Court
The Supreme Court clarified that the power to direct document production under Order XI Rule 14 of the CPC is confined to the pendency of a suit and cannot be invoked after its dismissal. Therefore, if a suit is rejected under Order VII Rule 11, no additional evidence can be introduced in the appeal concerning the merits of the case.The bench of Justices Dipankar Datta and Prashant Kumar...
Supreme Court Directs CBI To Conduct Preliminary Enquiries Into NCR's 'Builder-Banks Nexus'; Probe To Start With Supertech Ltd
Following grievances raised by homebuyers/borrowers, the Supreme Court today directed the Central Bureau of Investigation to conduct preliminary enquiries into an "unholy" nexus of builders and banks in the National Capital Region.To recap, this is the matter where the Court earlier hinted at a CBI probe, noting that certain real estate companies, and banks which sanctioned loans to them...
S.34 Arbitration Act | Respect Arbitral Autonomy; Judicial Interference Should Be Minimal : Supreme Court
The Supreme Court reiterated that the courts cannot go beyond the scope of Section 34 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) while deciding an application for setting aside of an award."the role of the court under Section 34 of the 1996 Act is clearly demarcated. It is a restrictive jurisdiction and has to be invoked in a conservative manner. The reason is...
Central Excise Tariff Act | Test Reports Justifying Reclassification Must Be Disclosed to Manufacturer : Supreme Court
The Supreme Court ruled that when a test report forms the basis for reclassification of the petrochemical products, necessitating a higher duty, than the copy of such test reports ought to be furnished to the manufacturer-taxpayer. The bench of Justices Abhay S. Oka and Ujjal Bhuyan set aside the ₹2.15 crore central excise duty demand against M/s Oswal Petrochemicals Ltd., holding that...