Supreme court
Doctrine Of Merger Not Universal In Application, Article 142 Powers An Exception: Supreme Court
While ruling in favor of the Delhi government and its entities in a batch of land acquisition cases, the Supreme Court recently observed that the doctrine of merger is not of universal application and powers under Article 142 of the Constitution shall be deemed as an exception thereto as well as to the rule of stare decisis.To quote the bench of Justices Surya Kant, Dipankar Datta and...
Is Revision Under S.397 CrPC Maintainable Against Default Bail Order? Supreme Court To Consider
The Supreme Court is set to consider an important question of law of whether a revision under Section 397 of the Code of Criminal Procedure, 1973, would be maintainable against an order granting default bail to the accused under Section 167(2) Cr.P.C. The Vacation Bench, comprising Justices Sanjay Kumar and Augustine George Masih, framed the question as the Supreme Court never dealt with...
Complete Supreme Court Quarterly Digest 2024- [January To March]
Abuse of Process of LawSpecial Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up to the pendency of matters before the...
Maharashtra Stamp Act | Refund Of Stamp Duty Can't Be Denied On Ground That Application Was Made Before Execution Of Cancellation Deed : Supreme Court
In a recent decision concerning the refund of the stamp duty under the Maharashtra Stamp Act, 1958, the Supreme Court held that the refund of the stamp duty paid towards the unexecuted conveyance could not be denied on mere technicality that the application seeking refund of the stamp duty was preferred before the execution of the cancellation deed. The court clarified that if the...
High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A(4) Arbitration Act : Supreme Court
The Supreme Court held that a High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award as per Section 29A of the Arbitration & Conciliation Act 1996 (“Act”).The bench comprising Justices Abhay S Oka and Ujjal Bhuyan clarified that as per the mandate of Section 29A (4) of the Act, the power to extend...
Supreme Court Imposes Rs. 10 Lakhs Cost On MP Govt For Denying Appointment To Teacher, Asks Govt To Recover From Erring Officials
Recently, the Supreme Court imposed a cost of Rs. 10,00,000/- (Ten Lakh Rupees) on the Madhya Pradesh Government for disobeying the High Court's order and denying a valid appointment to a 'Samvida Shikshak' selected on a contract basis. The court directed the state government to recover the said amount from the erring official(s) responsible for taking deliberate, illegal, mala-fide actions...
Supreme Court Weekly Digest With Subject /Statute Wise Index [May 01 to 10]
Citations 2024 LiveLaw (SC) 340 to 2024 LiveLaw (SC) 360BankRecipients of a fixed deposit cannot suffer at the cost of the criminal conduct of the Bank officials and that, in such an event the Bank would be held vicariously liable for the conduct of their employees. Leelawati Devi v. District Cooperative Bank Ltd., 2024 LiveLaw (SC) 346Bar AssociationThe Supreme Court directs minimum...
SC/ST Act | Cognizance Against Public Servant For Offence Of Neglect Of Duty Cannot Be Taken Without Administrative Enquiry Report: Supreme Court
The Supreme Court held that the absence of a recommendation by an administrative enquiry to initiate a case against the public servant would bar taking cognizance of an offence of dereliction of duty against the public servant under the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 (“Act”). Reversing the findings of the High Court, the bench comprising Justices...
Supreme Court Asks Yamuna River Board To Decide Delhi Govt's Plea For Additional Water; HP Govt Withdraws Statement On Surplus Water
The Supreme Court (today on June 13), disposed of the Delhi Government's plea seeking directions to the State of Haryana for immediate release of water to the crisis-hit national capital. While doing so, the Court directed the Delhi Government to approach the Upper Yamuna River Board (UYRB), saying that the issue concerning the sharing of the Yamuna water between States is a complex...
Principle Of Res Judicata May Not Strictly Apply When Public Interest At Stake: Supreme Court
While ruling in favor of the Delhi government and its entities in a batch of land acquisition cases, the Supreme Court recently observed that the principle of res judicata may not strictly apply in situations where public interest is at stake.The bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan said that in such cases, "a more flexible approach ought to be adopted by...
Supreme Court Monthly Round-Up: May 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of May, providing a succinct overview.Orders/ Judgments S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding,...