Supreme court
SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc
The Supreme Court recently explained the circumstances under which a sale of property by auction or other means under the SARFAESI Act can be set-aside after its confirmation.The Court held that mere procedural irregularities or deviation from rules are not grounds to set aside a confirmed sale unless such errors are fundamental in nature, such as fraud, collusion, inadequate pricing...
Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar
The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes (OBC) category in Bihar.The employee was appointed as a Postal Assistant in the postal department in the year 1997 in the OBC category. In 2015, the Bihar Government removed 'Tanti' caste from...
Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court
In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment."The Contempt jurisdiction of the court extends beyond the mere direct disobedience of explicit orders or prohibitory directions issued by...
S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. The protection of Section 197 CrPC is available only for acts discharged in the course of official duties.Since fabrication of evidence and filing bogus cases are not part of the official duties...
Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court
The Supreme Court has held that the Courts can set aside a sale transaction, which was carried out in violation of its directions, as void in the exercise of its contempt jurisdiction.The Court held that although a sale transaction carried out during the pendency of court proceedings (pendente lite) would not become void due to the operation of the doctrine of lis pendens under Section 52 of...
UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities (Prevention Act), 1967 (UAPA) on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of Justices...
Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced before the appropriate...
Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Because, such a woman would not come within the ambit of the term "relative" under Section 498A IPC.Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against...
S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
The Supreme Court today (Dec. 13) granted relief to a retired IPS Officer, quashing a summons issued by a Special Judge and the subsequent proceedings under Section 58 of the Narcotic Drugs and Psychotropic Substances (“NDPS”) Act, 1985 over allegations of misconduct during her tenure as SP, Kurukshetra, in a narcotics case investigation. The Court said that the Special Judge is...
Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908 (“CPC”). The Court emphasized that the validity and legality of a compromise agreement can be challenged even after a decree is passed.The Court...
Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
The Supreme Court on Friday (December 13) directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, whichever is...
'Land A Precious Resource, State Must Be Transparent In Distribution': Supreme Court Quashes Maharashtra Govt's Land Allotment To Pvt Doctors
Citing arbitrariness in the allotment process, the Supreme Court (Dec.12) set aside the allotment of land made by the Maharashtra Government in favor of the Medinova Regal Co-operative Housing Society (“MRCHS”) to provide housing facilities to the doctors working at Tata Memorial Hospital. While doing so, the Court underscored the need to maintain transparency in the distribution...