Supreme court
SARFAESI Act | Borrower's Right To Redeem Mortgage Extinguishes Once Bank Publishes Auction Notice For Secured Asset: Supreme Court
The Supreme Court on Thursday (September 21) pronounced a judgement holding that the borrower's right of redemption of mortgage under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) will get extinguished once the bank publishes an auction notice for the sale of the secured asset. The judgement delivered by a bench of...
No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'
Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined:“The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to...
'What Is Achieved By Keeping Reformed Convict In Prison Forever?': Supreme Court Orders Release Of Prisoner Who Spent 26 Years In Jail
The Supreme Court today ordered the release of a convict who had spent nearly 26 years in prison, asserting that the denial of premature release violated fundamental rights protected under Article 14 (Right to Equality) and Article 21 (Right to Life). The Court emphasized the need to consider the rehabilitation and reformation of inmates who may have drastically transformed during their...
Cauvery River Dispute| Supreme Court Refuses To Interfere With CWRC Order Directing Karnataka To Release 5000 Cusecs To Tamil Nadu
The Supreme Court on Thursday refused to interfere with the order of the Cauvery Water Management Authority (CWMA) that directed the State of Karnataka to release 5000 cusecs of water at Biligundlu for 15 days. The order pertains to the period of 13th to 27th September. The order passed by the Cauvery Water Regulatory Committee (CWRC) was affirmed by the CWMA. A bench of Justice BR...
Bilkis Bano Case | Convicts Argue That Remission Can Be Challenged Only Before High Courts; Supreme Court Expresses Doubts
In the Bilkis Bano case, Senior Advocate V Chitambaresh, appearing for the released convicts, told the Supreme Court on Wednesday (September 20) that a remission order can be challenged only in a high court, and not in the Supreme Court. Pointing out that Article 226 of the Constitution, which conferred on high courts the power to issue writs was wider than Article 32, the senior counsel...
No Pension For Past Service If Central Govt Employee Resigns To Join Another Govt Post Without Permission: Supreme Court
The Supreme Court recently ruled that unauthorized resignation from government service for another government job will result in the forfeiture of past service and pension benefits. The ruling came in the case of a security officer(respondent), who had resigned from the Central Industrial Security Force (CISF) in 1998 to join Hindustan Aeronautics Limited (HAL). It is important to note that...
Supreme Court Expresses Shock At HC Order Reducing Maintenance For Wife As Merely Rs.1,000 Per Month
Recently, a Division Bench of the Supreme Court, while hearing an appeal, expressed shock at the impugned judgment of the Jharkhand High Court, whereby the maintenance amount of Rs. 5,000, awarded by the Trial Court, was reduced to Rs. 1,000, per month. The Court further opined that it finds no justification for reducing the amount to such an extremely low limit.“It is shocking that...
NBDA Not Formally Registered With Central Govt Under Cable TV Rules, NBF Has Official Recognition : I&B Ministry Tells Supreme Court
The Ministry of Information and Broadcasting through its recent affidavit has told the Supreme Court that the NBDA (News Broadcasters & Digital Association) is trying to create monopolistic rights in the complaint redressal mechanism for news broadcasters, free from statutory accountability and action.The affidavit has been filed by the Centre in a plea filed by the NBDA (formerly...
Eyewitness Account Can't Be Discarded Merely Because Of Inconsistencies With Medical Evidence: Supreme Court
The Supreme Court recently reaffirmed the paramount importance of eyewitness accounts in criminal trials. The Court relied on Darbara Singh v. State of Punjab (2012) 10 SCC 476 and Anvaruddin v. Shakoor 1990 (3) SCC 266 to emphasize the importance of ocular evidence over the opinion of medical experts. The judgment underlined that eyewitness testimony, even if not detailed in every aspect,...
Dividend Income From Indian Entity's Establishment In Oman Having ‘Permanent Establishment’ Status Under DTAA Not Taxable In India: Supreme Court
The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would not be taxable under Indian Taxation laws.As per the laws in Oman, the dividend distributed by all companies,...
Plea In Supreme Court Seeks Law To Ban Screening Procedure For Nursery School Admissions In Delhi
A civil rights group ‘Social Jurist’, has approached the Supreme Court against the order of the Delhi High Court rejecting its Public Interest Litigation (PIL) filed to expedite the finalization of Delhi School Education (Amendment) Bill, 2015. The bill prescribes banning of a screening procedure in the admission of children at the pre-primary level.The plea contends that even though bill...
Order V Rule 2 Of Civil Procedure Code Requires Service Of Summons With Plaint: Supreme Court
The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.A bench of Justice Aniruddha Bose and Justice Bela Trivedi, was hearing a challenge against an order of the original side of the Delhi High Court, Commercial Division. The Court was considering the starting day...