Supreme court
Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records
The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court that had held that...
Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court
Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the HDFC Bank Ltd.The bench comprising Justices S Ravindra Bhat and Dipankar Datta observed that under Section 3 of TPA, actionable claim means (a)...
IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court
The Supreme Court has held that in a composite application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) based on several Recovery Certificates issued by Debt Recovery Tribunal, if any of the Recovery Certificate(s) is barred by limitation, then the same can be segregated from composite claim. However, as the decree (Recovery Certificate) would still be alive,...
State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court
A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant findings regarding Section 19 of the Constitution (101st Amendment) Act (Amendment), 2016, which allowed the introduction of the Goods and Services...
Judges Taking Up Cases Not Assigned By Chief Justice Is An Act Of 'Gross Impropriety': Supreme Court
The Supreme Court recently said that the judges should refrain from taking up cases not specifically assigned to them by the Chief Justice of the Court. If not, the roster notified by the Chief Justice will have no meaning, the Court said. The Apex Court said that taking up cases not assigned by the Chief Justice is an act of 'gross impropriety'. “If the Courts allow such sharp practices,...
Can ED Attach Property Acquired Before Alleged Commission Of Scheduled Offence? Supreme Court To Consider
The Supreme Court recently issued a notice in a case which raises the issues whether a property acquired before the alleged act of scheduled offences under the Prevention of Money Laundering Act(PMLA), 2002 can be called “proceeds of crime” liable to be attached by the Directorate of Enforcement (ED).Another issue which arises in the case is whether the PMLA would override the...
[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband
The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India [2014] 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996...
Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court
After a prolonged litigation, the Supreme Court, in a noteworthy judgment, finally granted relief to the owner of a suit property (Mumtaz Yarud Dowla Wakf) in favour of whom the decree was already granted back in 2002.In a judgment authored by Justice M. M. Sundresh, it called out the dilatory tactics adopted by respondents while setting aside the impugned order and restoring the order passed...
Tenancy Law | Can't Invoke S.5 Limitation Act Where Statute Prescribes Lesser Time Period For A Particular Purpose: Supreme Court
In the context of tenancy laws, the Supreme Court on Wednesday held that Section 5 of Limitation Act, 1963 ( Extension of prescribed period in certain cases) cannot be used to extend the time limit prescribed, when a lesser time period has been specifically provided under the relevant act for a particular purpose.In the case at hand, the Court was referring to Section 7 of the West...
Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. The present decision emphasised the importance of substantial evidence in awarding claims for loss of...
Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief needs to be granted or not. A bench of Justice B...
Court's Duty To Ensure Witnesses Are Not Under Threat: Supreme Court Cancels Accused's Bail After Witnesses Turn Hostile, Orders Fresh Examination
The Supreme Court has cancelled the bail granted to a man accused of conspiring to murder his wife after she refused consent for mutual divorce, upon noticing the "sudden somersault" taken by vital witnesses like the deceased's family members and the accused's history of using influence of police and goons.The Supreme Court invoked its powers under Article 142 of the Constitution and Section...