Supreme court
CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court
The Supreme Court has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common. It observed that considerations to be made in case of a first appeal under Section 96 of the Civil Procedure Code, 1908 (CPC) and that of a...
Unnatural Death Of Wife In Matrimonial Home Within Seven Years Of Marriage In Itself Not Sufficient To Convict Husband For Dowry Death: Supreme Court
Recently, the Supreme Court held that mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death. “Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC.”A...
S.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court
The Supreme Court recently held that when a lease deed is executed after compulsory registration under Section 17 of the Registration Act, 1908, it is nowhere open to be altered or amended even by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.The division bench of Justice Ajay Rastogi and Justice Bela M. Trivedi observed:“…after the transaction...
Supreme Court Quarterly Digest 2023 On BAIL [January To March, 2023]
All those undertrial prisoners and convicts who have been released on emergency parole / interim bail pursuant to the recommendations of the High-Powered Committee in compliance of the orders passed by this Court have to surrender before the concerned prison authorities within 15 days. In Re: Contagion of COVID-19 Virus in Prisons, 2023 LiveLaw (SC) 238Bail & Remand - Supreme Court...
Policy Of Inter-Plant Transfer Of Coal By Coal India A “Change In Law Event” : Supreme Court Grants Relief To Haryana Distribution Companies
On 20.04.2023, the bench of Justices B.R. Gavai and Vikram Nath pronounced Judgment in the matter between Uttar Haryana Bijli Vitran Nigam Limited & Anr. (“Haryana Discoms”) and Adani Power (Mundra) Ltd. (“Adani Power”) wherein it has been held that “Inter Plant Transfer” (“IPT”) of coal qualifies as a Change in Law Event in terms of the Power Purchase Agreements...
Section 27 Evidence Act Statement Not Liable To Be Rejected Merely Because It Was Recorded In A Language Not Known To Accused Through Translator : Supreme Court
The Supreme Court recently held that a confessional statement, which is otherwise admissible in evidence as per Section 27 of the Indian Evidence Act, will not become solely because it was recorded not in the mother tongue of the accused.The Court was dealing with the confessional statement given by a Malayalee accused to the Karnataka police. The police had taken the help of a third party...
Rules Of Business Not Violated By State, When Actions Of Cabinet Committee Are Validated By Council Of Ministers : Supreme Court
The Supreme Court has held that when the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process.The Bench comprising of Justice Surya Kant and Justice Vikram Nath, while adjudicating the case...
Supreme Court Quarterly Digest On ADMINISTRATIVE LAW [Jan – Mar, 2023]
Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw...
'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM
The Supreme Court has reiterated the requirement of a specific show-cause notice while quashing and setting aside the debarment and penalty order issued by the Madhya Pradesh Power Distribution Company (DISCOM) against a tenderee who was awarded a contract for supply of transformers by the DISCOM.Noting that the show-cause notice issued by the respondent DISCOM was only about debarment, the...
DISCOMS To Pay ‘Change In Law’ Compensation For All Additional Charges Levied By State Instrumentalities To Power Generating Companies: Supreme Court
The Supreme Court has lamented the practice of Distribution Companies (DISCOMS) and power generating companies pursuing endless litigation challenging the concurrent findings arrived at by the Central Electricity Regulatory Commission (CERC) and the Appellate Tribunal for Electricity (APTEL).The bench of Justices B.R. Gavai and Vikram Nath was hearing cross appeals challenging the judgment...
Transfer Pricing | High Courts Not Precluded From Scrutinising ITAT’s Determination Of Arm’s Length Price : Supreme Court
The Supreme Court has ruled that the High Court is not precluded from considering the determination of the arm’s length price determined by the Income Tax Appellate Tribunal (ITAT), in exercise of its powers under Section 260A of the Income Tax Act, 1961.Dismissing the proposition that in every case where the Tribunal determines the arm’s length price, the same shall attain finality,...