Supreme court
S.52 TP Act | Once Transaction Is Hit By Lis Pendens, Bona Fide Purchase Or Lack Of Notice Of Agreement Not Defences : Supreme Court
The Supreme Court has reiterated that once a transaction is found to be hit by the doctrine of lis pendens, then the defences of being a bona fide purchaser and lack of notice regarding the sale agreement are not available.A bench comprising Justices Hrishikesh Roy and PK Mishra was hearing an appeal against a High Court judgment, which directed the specific performance of a sale...
'Art 29 Does Not Give Right To Claim TV Langauge Channel' : Supreme Court Dismisses Plea For Doordarshan Channel In Sindhi
The Supreme Court on Monday(October 14) dismissed a petition seeking to direct the Union Government and the Prasar Bharati to run a 24-hour Sindhi language Doordarshan TV channel to preserve the language and cultural heritage of the Sindhi community, a linguistic minority in India.The Court dismissed the petition filed by Sindhi Sangat observing that no citizen can make a claim based on...
Explained| Why Supreme Court Allowed Benefit Of TOLA In Extending Timelimits For Issuing Income Tax Reassessment Notices
The Supreme Court in its recent decision allowed the revenue authorities to issue notices for reassessment under the Income Tax Act for the period between 01.04.2021 and 30.06.2021 by granting the benefit of time extensions under Taxation and Other Laws (Relaxation and Amendment of Certain Provisions Act) (TOLA) 2021. Here is a detailed breakdown of the key issue involved and the analysis of...
Supreme Court Weekly Round-up: October 7, 2024 To October 13, 2024
→'Acknowledge Women's Struggles In Occupying Public Offices': Supreme Court Flags Discriminatory Attitude Towards Women RepresentativesMANISHA RAVINDRA PANPATIL VERSUS THE STATE OF MAHARASHTRA & ORS., 2024 LiveLaw (SC) 783While granting relief to a female Sarpach of a village who was disqualified on technical grounds, the Supreme Court raised concerns about the discriminatory...
75 Important Judgments Of Supreme Court: Part III | Celebrating 75 Years Of India's Supreme Court
In the last part of 75 important judgments of the Supreme Court, we look at another set of 25 judgments concerning the rights of free speech and expression.Freedom of propagation of ideas and freedom of circulation and narrow interpretation of restrictions on free speechRomesh Thappar v. The State of Madras (1950) was one of the first judgments of the Supreme Court holding that Article...
Complete Supreme Court Half Yearly Digest 2024 [Final Part]
Labour LawRespondent, a part-time labourer, reinstated by Labour Court in 2001. State repeatedly litigated against implementation of the Labour Court award, harassing respondent for 22 years. Frivolous Special Leave Petition dismissed; respondent awarded costs of Rs.10,00,000. State of Rajasthan v. Gopal Bijawat, 2024 LiveLaw (SC) 125Land LawLand Revenue Code; Section 36A and Registration...
Arbitration | Arbitral Award Must Carry Post-Award Interest As Per S. 31(7)(b) : Supreme Court
The Supreme Court held that the post-award period shall carry a rate of interest decided as per Section 31(7)(b) of the Arbitration & Conciliation Act, 1996 (Arbitration Act). “For the reasons to follow, while allowing the appeal we have held that as this is a case arising out of the Arbitration and Conciliation Act, 1996, by operation of Section 31(7)(b), the sum directed to be paid...
Supreme Court Upholds Manipur HC Direction Setting Aside Selection Of 242 Primary Teachers
Recently, the Supreme Court upheld the Manipur High Court's decision which annulled the selection of 242 candidates for Primary Teacher positions in the OBC category due to procedural flaws. The bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti held that the State should draw up a fresh selection list following the High Court's judgment limiting appointments to...
When Can Official Superiors Be Liable For Abetment Of Suicide Of Employee? Supreme Court Explains
In a recent case, the Supreme Court explained when can the official superiors be held liable for the abetment of suicide of their junior official.The bench comprising Justices JB Pardiwala and Manoj Misra reasoned that behind the act of suicide can be categorized into two broad categories i.e., where the deceased is having sentimental ties with the accused and the second category would be...
Complete Supreme Court Half Yearly Digest 2024 [Part-2]
Consumer LawConsumer Protection Act, 1986; Section 2(1) (m) and Consumer Protection Act, 2019 – Maintainability of the complaint filed by Insured Company (registered under the Companies Act, 1956) before the National Consumer Disputes Redressal Commission is in question – Whether 'company' is covered by the definition of 'person' under the Consumer Protection Act, 1986? – Held,...
Order XII Rule 6 CPC | Judgment Can't Be Delivered Based On Unclear, Ambiguous & Conditional Admissions: Supreme Court
Recently, the Supreme Court observed that as per Order XII Rule 6 of the Civil Procedure Code, 1908 (“C.P.C.”), a judgment can't be delivered based on an unclear and ambiguous admission.According to the court, when the testimony supplied in an admission contains both mixed questions of fact and law then such an admission against the law can never be an “admission” as visualized...