Supreme court
Writ Court Cannot Make Out A Third Case, Not Pleaded By Parties, Based On Arguments Made During Hearing : Supreme Court
The Supreme Court today (Dec. 18) observed that the findings of the Writ Courts should be based on the case pleaded and evidence adduced by the parties. “Based on the aforesaid authorities, we hold that while deciding a writ petition on the basis of affidavits, the writ court's enquiry ought to be restricted to the case pleaded by the parties and the evidence that they have placed on record as part of the writ petition or the counter/reply affidavit, as the case may be. Findings of the court...
UP Amendment To S.106 TP Act Inoperative After Parliamentary Amendment Of 2003 : Supreme Court
The Supreme Court has held that if the Parliament amends a law which is on a subject in the Concurrent List, then an earlier State amendment to the same provision would become inoperative.Holding so, the Court held that the Uttar Pradesh amendment to Section 106 of the Transfer of Property Act, 1882, which was carried out in 1954, would become inoperative after the Parliament amended Section 106 in the year 2003.The UP amendment provided for a notice period of thirty days for the termination of...
S. 33 Arbitration Act | Clarification On Award Can Be Issued Even After Arbitral Tribunal Becomes Functus Officio : Supreme Court
The Supreme Court observed that although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award under Section 33 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High...
No Trade License Or Loans For Illegal Buildings; Officers Liable For Wrong Completion Certificates: Supreme Court Issues Directions
The Supreme Court has issued a set of guidelines to curb unauthorised constructions. The Court said that these directions are in addition to the directions issued in an earlier case regarding the demolition of structures.The bench comprising Justices JB Pardiwala and R. Mahadevan directed that it would be mandatory for the builder to display the approved plan during the period of construction, and no building completion certificate be issued unless the officer inspecting the building is...
Supreme Court Issues Directions To Protect 'Sacred Groves', Lauds Rajasthan's Piplantri Village Initiative To Plant 111 Trees For Every Girl Child Born
While pronouncing judgment on an application in the TN Godavarman case, the Supreme Court today lauded Rajasthan's Piplantri village for its initiative to plant 111 trees for every girl child born.A bench of Justices BR Gavai, SVN Bhatti and Sandeep Mehta, conveying its appreciation for the initiative, which was led by the village's "visionary" Sarpanch Shyam Sunder Paliwal, said,"This initiative transformed environmental damage not only of the village but also of nearby areas. This...
Right To Protect Private Property Can't Be Brushed Away Merely Due To Delay & Laches: Supreme Court Condones 21-Year Delay In Land Acquisition Case
The Supreme Court recently observed that while delay in approaching the court is a significant factor, the right to property of an individual cannot be defeated solely on the ground of delay and laches.A bench of Justice JB Pardiwala and Justice Manoj Misra condoned of delay of 21 years by original landowners (respondents) in challenging land acquisition proceedings on the ground that significant illegalities were alleged in the acquisition process.“The decisions of this Court have consistently...
'A Synopsis Can't Run Into 128 Pages!' : Supreme Court Asks Registry To Ensure Synopsis Is Trimmed Down
The Supreme Court recently expressed surprise at a synopsis of a petition running into 128 pages. Since the petition was filed by a party-in-person, the Court said that the Registry should have advised the litigant to trim down the synopsis."The appellant, who has appeared in person, has filed a synopsis running into 128 pages, loaded with details much of which is not relevant for our purposes. We understand that the appellant is not a trained lawyer, but it is for the Registry to have asked the...
'Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links
On Tuesday (Dec. 17), the Supreme Court granted bail to an accused booked for alleged involvement with the Popular Front of India (“PFI”) in causing disturbance during the Prime Minister's proposed visit to Patna in 2022. The Court reiterated that prolonged incarceration of the accused in draconian statutes like the Unlawful Assemblies (Prevention) Act, 1967 (“UAPA”) would make him eligible for a grant of bail despite the rigours of Section 43-D (5) of the UAPA.The Court also observed that...
Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih was hearing...
'Possibility Of Reformation Can't Be Ruled Out': Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old
The Supreme Court on Tuesday, considering the possibility of reformation as per behavioural and mental assessment reports, converted the death penalty of a convict guilty of sexual assault and murder of a 4-year-old child, to an imprisonment sentence. The bench of Justices BR Gavai, Aravind Kumar and KV Viswanathan was hearing a challenge to the Gujarat High Court's order confirming...
Companies Act | Approval Of Shareholders Mandatory For Listing Shares On Stock Exchange : Supreme Court
The Supreme Court recently ruled that, without in-principle approval from the company's shareholders, debt-to-equity converted shares issued in favor of any person cannot be listed on the stock market.In other words, the Court stated that obtaining in-principle approval from the company's shareholders, as required under Section 62(1)(c) of the Companies Act, 2013, is mandatory before...
