Supreme court
Dismissal Of Suit For Default Doesn't Bar Fresh Suit On Same Cause Of Action : Supreme Court
The Supreme Court recently held that the dismissal of a suit or application for default under Rules 2 or 3 of Order IX of the CPC does not prevent the filing of a fresh suit, as such dismissal does not constitute a judgment or decree, and therefore, the principle of res judicata does not apply. “It is, therefore, clear that an order of dismissal of a suit or application in default under...
Govt Has Every Right To Cancel & Call Fresh Tender; Scope Of Judicial Review Limited : Supreme Court
The Supreme Court today (April 25) reiterated that the judicial interference in tender matters should be minimal and only permitted in cases of mala fide or blatant arbitrariness. Holding thus, the bench comprising Justices Bela M Trivedi and Prasanna B Varale set aside the Kerala High Court's decision which had interfered with the tendering process.The dispute arose after the Kerala...
FIRs Can Continue Against Borrowers Despite Setting Aside Of Their Loans' Classification As Fraudulent : Supreme Court
The Supreme Court today held that merely because the classification of bank accounts as fraudulent was set aside on technical grounds, the criminal proceedings and FIRs initiated against the account holders for the offence of fraud cannot be quashed.Observing so, the Court restored various criminal proceedings initiated by the Banks against borrowers.The bench of Justice MM Sundresh and...
Misguiding Court To Pass An Order With No Intention To Comply Amounts To Contempt Of Court : Supreme Court
The Supreme Court held a man guilty of civil contempt after observing that he had misled the court to obtain an order that he never intended to comply with. “A party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court.”, the bench comprising Justices Abhay S....
Time-Barred Service Dispute Can't Be Revived By Making A Belated Representation: Supreme Court
The Supreme Court held that a time-barred service dispute cannot be brought within the limitation period as per the Administrative Tribunals Act by filing a belated representation.When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach the...
Supreme Court Quashes Criminal Case Against HDFC Bank Official Over Auction Sale
The Supreme Court recently quashed a criminal case against an official of the HDFC Bank, after noting that he was not the "authorised officer" when the auction sale in question was held.The criminal case, alleging the offences of cheating and forgery, was filed in Tamil Nadu over the allegation that the Bank had sold in auction a property which was previously acquired by the Tamil Nadu...
Landlord's Family's Needs Also Count As 'Bona Fide Requirement' For Tenant's Eviction : Supreme Court
The Supreme Court on Thursday (April 24) observed that the eviction is not restricted to the bona fide need of the landlord, even the landlord's family requirement would qualify as bona fide need for eviction of the tenant. “It is well settled that the bona fide requirement for occupation of the landlord has to be liberally construed and, as such, even the requirement of the family...
High Courts Should Not Repeatedly Grant Interim Bail To Same Accused; Either Grant Regular Bail Or Deny: Supreme Court
While granting bail to an accused, the Supreme Court observed that High Courts should not routinely grant interim bail to the same applicant again and again. Either the Court should grant regular bail or deny the same, but insofar as interim bail, the relief shall be granted only in specific exigencies as an exception."Though, it may be necessary in some cases to grant interim bail to take...
Land Acquisition | Delay In Filing Appeal No Reason To Deny Land Losers Fair Compensation : Supreme Court
The Supreme Court observed that a delay in filing an appeal against a land acquisition compensation award would not be a reason to deny just, fair, and reasonable compensation to the landowners. “Delay is not a reason to deny the land losers their compensation, which is just, fair and reasonable for the land they have lost.”, the court observed. The bench comprising Justices Sanjay...
