Supreme court
No Registration Or Stamp Duty Required For Compromise Decree Acquiring Property With Pre-Existing Right : Supreme Court
The Supreme Court recently ruled that if a person already has a right to a property and acquires it through a compromise decree, they don't need to register it under the Registration Act of 1908. The Court also clarified that no stamp duty would be charged on such a decree, as it doesn't create any new rights and therefore doesn't qualify as a 'conveyance' under Section 3 of the Indian Stamp Act, 1899.The bench comprising Justice JB Pardiwala and Justice R Mahadevan was hearing an appeal filed...
S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court
The Supreme Court reiterated that the authorised signatory of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque drawn on the company's account unless the company is arraigned as the principal accused.A bench of Justice JB Pardiwala and Justice R Mahadevan upheld the acquittal of a man convicted for dishonoured cheque on the ground that the cheque was issued on behalf of a company, which was not arraigned as an accused. The Court...
2024 Round-Up| Constitution Bench Decisions Of Supreme Court
The Supreme Court in 2024 held several Constitution Benches to resolve crucial and long pending issues with nationwide socio-legal ramifications.There were 12 Constitution Bench judgements - three 9-judge bench, three 7-judge bench and six 5-judge bench verdicts. Here are the major landmark decisions given by the Constitution Benches in 2024:1. Electoral Bonds Scheme Declared...
Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
AdvocateSupreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Pintu Madanmohan Mondal v. State of West Bengal, 2024 LiveLaw (SC) 850Airport Economic Regulatory Authority of India Act 2008The Supreme Court upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of...
25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. Underscoring the importance of personal liberty, the Court held that bail cannot be denied citing stringent special law provisions (such as those present in NDPS Act, UAPA, PMLA etc.), when the trial is unduly delayed and the accused has undergone prolonged incarceration.Here is...
Govt Institutions Should Not Mirror Gig Economy Trends By Misusing Temporary Employment Contracts: Supreme Court
The rise of the gig economy in the private sector has led to an increase in precarious employment arrangements, observed the Supreme Court in a recent judgment while advising the government departments from misusing the practice of engaging temporary workers.A bench comprising Justice Vikram Nath and Justice Prasanna B Varale appealed to the Government departments from adopting the detrimental practices found in the gig economy. The bench made these remarks while allowing the regularization of...
Perpetual Toll Collection Arbitrary; No Entity Can't Be Allowed Unjust Enrichment At Public Cost : Supreme Court In DND Flyway Case
Rejecting the plea for imposition of tolls on commuters of Delhi Noida Direct (DND) flyway, the Supreme Court recently observed that no entity can be allowed to profit unjustly at the cost of public suffering."The golden principle thus is that Government procedures or policies pioneered in public interest must genuinely serve the public and not merely enrich private entities...It seems to us that no person or entity can be allowed to make an undue and unjust profit from public property, at the...
Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court
The Supreme Court observed that maintenance can be granted despite the financial independence of a party if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period.A bench comprising Justice Vikram Nath and Justice PB Varale made with observation while granting Rs 50 lakhs as permanent alimony to a wife while dismissing her appeal challenging the decree of divorce. The Court noted that both...
IBC | Moratorium Does Not Extinguish Claim : Supreme Court
The Supreme Court has held that a moratorium declared under Section 14 of the Insolvency and Bankruptcy Code, 2016 will not extinguish a claim. The Court stated that Section 14 bars the institution/continuation of legal proceedings against the corporate debtor, transfer of assets, enforcement of security interest etc."If the argument that the claims of all the creditors of the Corporate...
In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
The Supreme Court held that while the limitation period in a suit typically follows the main relief, this does not apply when the main relief is a declaration of title, as there is no limitation for such declarations. Instead, the limitation is governed by the Article applicable to the further relief sought. Therefore, the Court said that when along with a relief for declaration of title,...
Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship."Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended...
