Supreme court
Delhi LG's Position Not Akin To That Of A State's Governor : Supreme Court In MCD Alderman Case
While holding that Delhi Lieutenant Governor can nominate members to its municipal corporation without the aid and advice of the Delhi Government, the Supreme Court recently observed that an LG's power is different from that of Governor of a State.The bench of CJI DY Chandrachud and Justices Narasimha, JB Pardiwala drew the distinction on the basis of Articles 163 and 239AA of...
High Court Cannot Exempt Convict From Surrendering In Exercise Of S.482 CrPC Power: Supreme Court Disagrees With Earlier Judgment
Recently, the Supreme Court observed that it would be impermissible for the High Court to exercise inherent powers under Section 482 of Cr. P.C. to exempt a convict from the requirement of surrendering in a particular case despite concurrent findings of conviction. “We do not, therefore, consider it appropriate to accept as a sound proposition of law that a high court, in exercise of...
Supreme Court Weekly Digest With Subject /Statute Wise Index [July 10 to 17]
Citations 2024 LiveLaw (SC) 451 to 2024 LiveLaw (SC) 477Code of Civil Procedure, 1908Order 2 Rule 2 – Bar to subsequent suit on same cause of action – Observing that the suit for recovery of possession is different from the suit for arrears of rent and damages, the Supreme Court held that there's no bar to file a separate suit for arrears of rent and damages after a suit for possession....
Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
The Supreme Court held that an appeal under Section 19 of the Contempt of Courts Act, 1971 would be maintainable against any direction passed by a bench in relation to the merits of the disputes between the parties, even though there is no order of punishment.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra stated that if there is no order...
Motor Accident Claim | HRA, PF Contribution Should Be Included While Computing Loss Of Dependency: Supreme Court
Recently, the Supreme Court observed that the emoluments and benefits such as house rent allowance, flexible benefit plan, contribution to provident fund, etc. accrued to the deceased ought to be included while computing the loss of dependency to determine the compensation. "...components of house rent allowance, flexible benefit plan and company contribution to provident fund have to...
Banks Can't Classify MSMEs Loan Accounts As NPAs Without Following Procedure In Centre's 2015 Notification : Supreme Court
In an important ruling concerning the revival of the entities registered under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”), the Supreme Court observed that the Banks are not empowered to classify the loan accounts of the MSMEs, as Non-Performing Assets (NPA), without following the mandatory procedure laid down in the Instructions for Framework for Revival...
LG Can Nominate Members To Delhi Municipal Corporation Without Delhi Govt's Consent : Supreme Court
In a significant development, the Supreme Court today held that the Lieutenant Governor (LG) of Delhi has the power to nominate aldermen to the Municipal Corporation of Delhi without the aid and advice of the Delhi Government.The Court ruled that the power was a statutory power flowing from the Delhi Municipal Corporation Act, 1957 and hence the Governor need not act as per the aid and advice...
Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal (“MACT”) to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha...
Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court
The Supreme Court in its recent decision allowing sub-classification of Scheduled Castes(SCs), observed that Article 341 does not create a 'deeming fiction' and only bestows a 'constitutional identity' upon those backward communities which are listed as Scheduled Castes. The 7-judge Constitution Bench, by 6:1 majority, held that the purpose of Article 341 was to only give a legal recognition...
Transferring Public Property At Nominal Price Arbitrary; States' Right Can Be Sold Only By Auction/Transparent Process : Supreme Court
The Supreme Court observed that the rights of the State in the property/land can be transferred only by adopting a fair and transparent process by which the State fetches the best possible price.“The rights of the State as the lessor can only be sold by a public auction or by any other transparent method by which, apart from the lessee, others too get a right to submit their offer. Selling...
Sub-classification Of Castes Would Amount To States Tinkering With Presidential List : Justice Bela Trivedi's Dissent
The Supreme Court bench of seven judges headed by the Chief Justice of India (CJI) Dr D.Y. Chandrachud and comprising Justices B.R. Gavai, Vikram Nath, Bela M. Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma, by 6:1 majority, has held that sub-division of Scheduled Caste to provide reservation to the weakest out of the weak is permissible.Justice Bela dissented. Justice...