Supreme court
Condition Of Right To Repurchase In Sale Deed Not Personal Unless Expressly Stated; Can Be Assigned : Supreme Court
The Supreme Court held that the condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so.Such a right can always be assigned and the contract containing such condition shall be enforceable, the bench of Justice Abhay S. Oka and Rajesh Bindal observed.In this case, the plaintiff filed a suit for specific...
Sec 180 IPC Can't Be Applied Against A Person For Refusing To Sign Statement Given To Police : Supreme Court Castigates DySP
The Supreme Court has held that Section 180 of Indian Penal Code is not attracted if a person refuses to sign the statement made to a police officer in course of an investigation."In terms of section 162, Cr. PC, no statement made by a person to a police officer in the course of any investigation under Chapter XII of the Cr. PC, which is reduced to writing, is required to be signed by the...
Supreme Court Affirms Delhi HC's Order Dismissing Judicial Officer For Accepting Favour Of 'Sponsored' Foreign Travel From 'Stranger'
The Supreme Court on Monday refused to interfere with the order of the Delhi High Court that upheld a judicial officer's dismissal from service for allegedly accepting a "favour" from a "stranger". The allegation against the judicial officer was that a “stranger” had “sponsored” his family's foreign travel in 2016.A division bench of Justice Hrishikesh Roy and Justice Pankaj...
Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court
The Supreme Court observed that the cross objections have all the trappings of a regular appeal and must be considered in full by the court adjudicating upon the same.In this case, the appellants contended that the issues raised by them in their cross objections have not been considered by the Delhi High Court. While the High Court has given a detailed analysis of all other issues raised in...
'Downright Bizarre' : Supreme Court On High Court Judgment Resulting In Different Jail Terms For Convicts In Same Offence
The Supreme Court on Monday expressed surprise at a High Court judgment which awarded different sentence for the convicts for the same offence.A bench comprising Justice S. Ravindra Bhat and Justice Dipankar Datta was dealing with a criminal appeals challenging the judgment of the Punjab and Haryana High Court sentencing 8 persons for the offences of culpable homicide not amounting to...
'After Allowing Workmen To Work For 2 Decades, Management Cannot Challenge Award' : Supreme Court Allows Appeal Of FCI Workers
The Supreme Court recently decided the appeals preferred by both the Executive Union of workers and the Management of FCI against the judgment of the division bench of Jharkhand High Court wherein the workers were denied regularization of services but at the same time directed that 75% of back wages was to be paid.The bench of Justices Krishna Murari and Sanjay Kumar held that having allowed...
Plea On 'Increasing Suicides Among Husbands' : Supreme Court Dismisses PIL Seeking 'National Commission For Men'
The Supreme Court on Monday refused to entertain a Public Interest Litigation filed seeking guidelines to deal with increasing suicide rates among married men subjected to domestic violence and the setting up of a ‘National Commission for Men’ for dealing with such grievances. As the bench expressed disinclination to entertain the mater, the petitioner chose to withdraw the...
Supreme Court Issues Notice In Appeal By AAP MLA Amanatullah Khan Against Delhi Police’s History Sheet Declaring Him A 'Bad Character'
The Supreme Court on Monday issued notice to the Delhi Commissioner of Police in an appeal by Aam Aadmi Party MLA Amanatullah Khan challenging the opening of history sheet against him by Delhi Police in March last year declaring him as a 'bad character'.The matter was before a division bench of Justice Surya Kant and Justice Dipankar Datta. In the petition, Khan pointed out that he is neither...
[2002 Gujarat Riots] SC Judges Differ On Granting Interim Protection To Activist Teesta Setalvad, Matter To Be Placed Before Larger Bench
In a special sitting held today evening, the Supreme Court's Judges Justice Abhay S Oka and Justice PK Mishra differed on granting interim protection to Activist Teesta Setalvad in connection with the Gujarat Police FIR lodged against in connection with the 2002 Gujarat Riots case, and hence, the matter will now be placed before a larger bench."There is a disagreement between us on the...
Companies Act - Decision To Allot Additional Shares Cannot Be Set Aside Merely Because Promoters Have Also Benefited: Supreme Court
The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders.The bench comprising Justices K.M. Joseph and B.V. Nagarathna found that the increase in the appellant- H.M. Patel Group’s shareholding...