Supreme court
TP Act | Transaction Can't Be Regarded As 'Mortgage By Conditional Sale' If Condition For Reconveyance Is Not Specified In Same Deed : Supreme Court
The Supreme Court recently held that under Section 58(c) of the Transfer of Property Act,1882 no transaction shall be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale.A division bench of Justice Hima Kohli and Justice Rajesh Bindal made the observation while dealing with a case in which two documents were executed on...
Supreme Court Issues Guidelines For Filing Written Submissions Before Constitution Benches & Important Final Hearing Cases
The Supreme Court registry today(Aug 22) issued a circular detailing comprehensive guidelines to streamline the process of filing written submissions and compilations before constitution benches and important final hearing cases.The guidelines, laid out in a Standard Operating Procedure (SOP), are set to provide a structured framework for filing soft copies of written submissions and...
UPSC Civil Services Exams : Supreme Court Allows Withdrawal Of Petition Seeking Answer Key & Cutoff Marks Of Prelims 2023
The Supreme Court on Tuesday(Aug 22) granted permission for the withdrawal of a petition that sought publication of the answer key and cutoff marks for the UPSC Civil Services Preliminary Examination 2023. The decision comes in light of the fact that a similar issue is already under consideration by the Delhi High Court. The Delhi High Court had reserved its decision on the matter on 2nd...
NEET PG | Students Who Take Admission In All India Quota Can't Vacate Seats After 2nd Round Of AIQ Counselling : Supreme Court
The Supreme Court on Monday (August 21) reiterated that students who take admission in All India Quota(AIQ) seats for Post Graduate medical courses cannot vacate the seats after the second round of counselling for AIQ seats in National Entrance-cum-Eligibility Test (NEET).The Court referred to the order passed in May 2017 in the case Dar-Us-Slam Educational Trust v Medical Council of India...
Customs Act Does Not Create A Statutory First Charge Overriding Charge In Favour Of Secured Creditor Under S. 529A Of Companies Act : Supreme Court
The Supreme Court has ruled that in case of winding up of a company, the customs duty owed by the company would be treated as a preferential payment under Section 530(1) (a) of the Companies Act, 1956. But customs duty would not override and be given preference over the payments due to overriding preferential creditors covered under Section 529A of the Companies Act, which include the...
'Presumption Of Innocence A Human Right ; Life & Liberty Are Not Matters To Be Trifled With' : Supreme Court Acquits 1995 Murder Case Accused
The presumption of innocence is a human right, the Supreme Court observed while setting aside concurrent conviction in a 1995 murder case.The court observed that the presumption of innocence in favour of the accused and insistence on the Prosecution to prove its case beyond reasonable doubt are not empty formalities."When this Court is confronted with a situation where it has to ponder whether...
Extra-Judicial Confession Weak Piece Of Evidence, Can Be Relied On If Proven To Be Voluntary, Truthful And Free Of Inducement: Supreme Court
The Supreme Court recently held that while extra-judicial confessions are typically considered weak pieces of evidence, they can still serve as grounds for conviction if proven to be voluntary, truthful, and free of inducement. The court must be convinced of the reliability of the confession, and this evaluation takes into account the surrounding circumstances.The Supreme Court relied on...
Supreme Court Refuses To Interfere With HC Order Holding That Person Forwarding Social Media Message Is Liable For Its Contents
The Supreme Court on Friday (18.05.2023) refused to entertain an appeal against the order of the Madras High Court that refused to quash batch of criminal proceedings initiated against actor and BJP politician S.Ve Sheker for his derogatory remarks against women journalists. The cases were registered after Sheker had allegedly forwarded an abusive, derogatory and vulgar comment on his...
Preventive Detention- 3 Months Limit Under Article 22(4)(a) Applies Only At Initial Stage Till Advisory Board's Report : Supreme Court
The Supreme Court recently dismissed an appeal by a detenu who challenged the order of preventive detention under the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers Act, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (the Act).The Court disagreed with the view taken in Cherukuri Mani v. Chief Secretary, Government of Andhra...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 1 – 6, 2023]
SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...
Service Tax | Assessee Cannot Be Penalised Based On Show-Cause Notice Mentioning Erroneous Category Of Service : Supreme Court
A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, while hearing appeals, held that “Assessee cannot be subjected to a penalty on the basis of a show cause notice containing a completely erroneous category of service.” Therefore, Court rendered the demand made on the basis of the said show cause notice illegal.The present appeals had arisen out...
Can Bail Condition Requiring Assurance From Embassy That Foreign Accused Will Not Leave India Be Imposed? Supreme Court To Examine
The Supreme Court recently directed the Centre to submit its views on whether the bail condition requiring assurance from the Embassy/High Commission that a foreign national accused will not leave the country, has been incorporated by courts. A division bench of Justice Abhay S Oka and Justice Sanjay Karol was hearing a challenge to certain bail conditions imposed by the Delhi High Court on...