Supreme court
IBC | 'Auction-Purchaser Entitled To Benefit Of COVID Limitation Extension' : Supreme Court Refuses To Cancel Sale Over Delayed Deposit
The Supreme Court recently refused to cancel an e-auction despite the Auction Purchaser making a glaring default in making a deposit of the balance sale consideration on grounds that the subject matter of the auction has been utilised and the appellant failed to approach the court on time.A bench of Justices Hima Kohli and Ahsanuddin Amanullah noted: "Much water has flown under the bridge by...
'No Minimum Sentence Prescribed For Conviction Under S.304A & 338 IPC' : Supreme Court Alters Sentence In Negligent Driving Case
Recently, the Supreme Court ordered the release of a convict charged for causing the death of a pillion rider of a motorcycle due to his rash and negligent driving by reducing his period of sentence to a period already suffered by him during custody. Noting that there's no minimum punishment of sentence prescribed for under Sections 304 A and 338 of the IPC, the bench comprising...
S. 401 CrPC | High Courts Can't Convert Order Of Acquittal To Conviction Under Revision Jurisdiction : Supreme Court
The Supreme Court observed that the High Court while exercising a Criminal Revision jurisdiction under Section 401 Cr.P.C. (now Section 442 of BNSS) cannot order a decision of acquittal to conviction. The Court said that if the High Court believes that the acquittal was wrong, then instead of reversing the acquittal it could have remanded back the matter for re-appreciation by the...
S.149 IPC | When Accused Is Roped In For Being Member Of Unlawful Assembly, Whether He Caused Injury Is Irrelevant : Supreme Court
The Supreme Court on September 4 upheld the judgment and order of the Allahabad High Court convicting and sentencing the appellant for murder along with rioting armed with deadly weapon. A bench of Justices Abhay S. Oka and Ujjal Bhuyan was hearing a criminal appeal where the appellant argued that although he had carried a country-made pistol at the crime scene, where other accused had...
Supreme Court Holds Landowners Liable Along With Builder For Deficiencies In Flat Constructions
The Supreme Court recently held that a revocation of power of attorney executed between landowners and builder for developing their land would not absolve the landowners from being jointly and severally liable along with the builder in a consumer case for deficiency of service. The Court observed that the Joint Venture Agreement (JVA) between the builder and the landowners remained operative...
Supreme Court Dismisses Plea Of Ex-Vigilance Commissioner For Chief Secretary's Pay Scale
The Supreme Court dismissed an appeal by a former State Vigilance Commissioner of Nagaland seeking a pay scale equivalent to that of the Chief Secretary of the State observing that he is not entitled to the Chief Secretary's pay scale merely because some predecessors were getting that pay scale.A bench of Justice Hima Kohli and Justice Sandeep Mehta observed that the appellant...
Specific Relief Act | S.28 Application Can Be Filed In Trial Court Even If Decree Was Passed By Appellate Court : Supreme Court
The Supreme Court reiterated that an application under Section 28 of the Specific Relief Act, 1963, can be filed before the trial court even if the decreee for specific performance was passed by the appellate Court.Referring to the precedent Ramankutty Guptan Vs. Avara (1994) 2 SCC 642 and V.S. Palanichamy Chettiar Firm Vs. C. Alagappan and Anr (1999) 4 SCC 702, the Court observed :"in our...
Doctors Directed To Stop 'Two-Finger Test' On Rape Victims, Violators Will Be Punished : Meghalaya Govt Tells Supreme Court
The State of Meghalaya recently informed the Supreme Court that it has issued circular in compliance with the earlier directions of the Court prohibiting the 'Two Finger test' on rape survivors. The bench of Justices JB Pardiwala and Sanjay Karol was hearing a criminal appeal arising out of the High Court of Meghalaya filed by a person convicted of offense rape and charges under the...
B.Ed. Degree Not A Qualification For Primary School Teacher : Supreme Court Reiterates
The Supreme Court has upheld a judgment of the Chattisgarh High Court which quashed the appointments of B.Ed. Degree holders candidates as primary school teachers and reiterated that the essential qualification for such appointments is a Diploma in Elementary Education.Brief factsA batch of petitions was filed challenging the judgment of the Rajasthan High Court dated November 25, 2021,...
Supreme Court Refuses To Appoint Special Public Prosecutor For Senthil Balaji's Trial, Asks Why TN Governor Took 7 Months To Grant Sanction
The Supreme Court on Monday refused to appoint a Special Public Prosecutor for the trial of former Tamil Nadu Minister V Senthil Balaji in corruption case arising out of the cash of jobs allegations.A bench of Justice Abhay Oka and Justice Augustine George Masih bench stated that as of now, there is no material on record suggesting that the current Public Prosecutor is not...
Specific Relief Act | Execution Court Can Entertain Application Under S.28 Provided It's The Court Which Passed The Decree In Terms Of S.37 CPC : Supreme Court
Although the application under Section 28 of the Specific Relief Act, 1963 ("SRA") seeking rescission of a contract or extension of a time limit for deposit of a balance amount must be decided in the original suit where the decree was passed and not in the Execution Proceedings, the Supreme Court in a recent decision justified the Executive Court's decision to extend the time limit for payment...
Income Tax Act | Supreme Court Refuses To Give Retrospective Application To 2022 Amendment To S.80DD Regarding 'Jeevan Adhar' Policies
In a recent case, the Supreme Court refused to give the retrospective operation to the amended Section 80DD of the Income Tax Act, 1961 (“IT Act”) which provided an option to the subscriber the Jeevan Adhar Policy (“Policy”) upon attaining the age of 60 years to discontinue the deposit made under the policy and make use of the money accumulated for the benefit of the disabled person...