Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. While reiterating the position of law that the question of limitation is a mixed question of fact and law and the question for rejecting the plaint on that has to be decided after weighing the evidence on record, a bench of Justices JB Pardiwala and R Mahadevan held that in cases where...

Central Govt Employee Can't Take Benefits Of Both MACPS & Time-Bound Promotion : Supreme Court Issues Directions On Recoveries

The Supreme Court held that a central government servant was not entitled to the benefit of both time-bound promotion scheme as well as the benefit of financial upgradation under the Modified Assured Career Progression Scheme."Grant of financial upgradations as well as promotions are to be duly accounted for and taken into consideration in the MACPS," the Court observed.Holding so, the...

Economic Offences Involving Corruption & Loss to Public Exchequer Cannot Be Quashed Based On Settlement : Supreme Court

Observing that the economic offences stand on a different footing than other offences and have wider ramifications, the Supreme Court refused to quash the corruption case based on the settlement arrived between the accused and the bank. Noting that the Bank has suffered a loss of approximately Rs. 6.13 Crores, the Court ruled that the settlement terms recorded by the parties at the...

Tax Law : Important Judgments By Supreme Court In 2024

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with Tax Law. The same are as follows:1. Hiring Of Motor Vehicle Or Cranes Is Not 'Sale Of Goods' If Control Over Equipment Is Retained By Contractor, VAT Can't Be Levied: Supreme CourtCase: M/s. K.P. Mozika v Oil and Natural Gas Corporation Ltd. & Ors....

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Part 1 can be read here. Part 2 can be read here. Part 4 can be read here.51. If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA CaseCase Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw (SC) 486In a significant judgment granting bail to an undertrial prisoner...

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. (Para 10) Susela Padmavathy Amma v. Bharti Airtel Ltd., 2024 LiveLaw (SC) 237Section 138 – Maintainability of suit – Criminal law can be set in motion by anyone, even by a stranger or legal heir. A complaint under Section 138, preferred by the Power of Attorney Holder is...

Arbitration Act: Important Judgments By Supreme Court In 2024

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. The same are as follows:1. Arbitral Awards Cannot Be Modified Under Sections 34 & 37 Of Arbitration & Conciliation Act : Supreme CourtCase: S.V. Samudram v. State of Karnataka [2024 LiveLaw (SC) 14]In...

Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains

The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 (“TPA”) if he fails to prove the execution of a sale agreement based on which possession was claimed.The Court also explained the conditions to invoke Section 53A.The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the plea...

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024

IndexCitationsNew India Assurance Co. Ltd. v. Velu & Anr. 2024 LiveLaw (SC) 998Ankush Vipan Kapoor v. National Investigation Agency, SLP(Crl) No. 2819/2024 2024 LiveLaw (SC) 999Irfan Akbani & Ors. v. State of Madhya Pradesh & Ors.| SLP(C) No. 26511/2019 2024 LiveLaw (SC) 1000Dushyant Mainali v. Diwan Singh Bora & Anr. 2024 LiveLaw (SC) 1001X v. State of Uttar Pradesh &...

100 Important Supreme Court Judgments Of 2024 - Part 2 [26-50]

Part 1 can be read here. Part 3 can be read here. Part 4 can be read here.26. Judicial Service | 'High Score In Written Exam Alone Doesn't Determine Merit' : Supreme Court Upholds Minimum Mark Criteria For InterviewCase Title: ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS. | 2024 LiveLaw (SC) 350Coram: Justices Hrishikesh Roy and Prashant Kumar MishraThe...

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an appeal challenging the...

No Registration Or Stamp Duty Required For Compromise Decree Acquiring Property With Pre-Existing Right : Supreme Court

The Supreme Court recently ruled that if a person already has a right to a property and acquires it through a compromise decree, they don't need to register it under the Registration Act of 1908. The Court also clarified that no stamp duty would be charged on such a decree, as it doesn't create any new rights and therefore doesn't qualify as a 'conveyance' under Section 3 of the Indian Stamp...