Electricity Act, 2003 | State Commissions Retain Oversight Over Inter-State Power Supply Affecting Grids Within State : Supreme Court

In a key development under the Electricity Act, 2003 (Act of 2003), the Supreme Court observed that the State Electricity Regulatory Commission (“SERC”) can regulate open access even for inter-state power supply if it affects their grid. The Court ruled that while the Central Electricity Regulatory Commission (CERC) holds jurisdiction over inter-state electricity transmission, this does not preclude State Electricity Regulatory Commissions (SERCs) from regulating inter-state power supply when...

S. 138 NI Act | Complainant Has No Onus To Prove Financial Capacity At The Threshold : Supreme Court

The Supreme Court reaffirmed that once the drawer admits to signing the cheque, the presumption under Section 139 of the Negotiable Instruments Act, 1881 (“NI Act”) cannot be rebutted merely by questioning the complainant's debt-giving capacity, especially when such a defence was not raised in the reply notice by the accused.“The onus is not on the complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been...

Party Interested In Property Deemed To Know About Sale Deed From Registration Date : Supreme Court Rejects Partition Suit Filed After 45 Yrs

Noting that the limitation period begins from the date of registration of the sale deed, which constitutes constructive notice, the Supreme Court on Thursday (April 2) overturned the High Court's decision upholding a decree in a partition suit filed 45 years after the sale deed was registered. Citing Suraj Lamp Industries Pvt. Ltd. v. State of Haryana & Anr. (2012) 1 SCC 656, the Court noted that the registration of the sale deed constitutes a public notice, and any suit for partition filed...

No Universal Rule That Candidate With Qualification Higher Than Basic Eligibility For Post Must Be Preferred: Supreme Court

Though over-qualification by itself is not a disqualification, there is no general rule that candidates with qualifications higher than the basic qualification required for a post must be preferred, observed the Supreme Court in a judgment delivered today.The Court observed that there is no straight-jacket rule that candidates with higher qualifications must be selected over those with possessing the basic qualification. Each case will depend on its facts, the rules governing the selection...

'Can't Mandate Public Libraries In Villages When They Lack Basic Amenities': Supreme Court Urges States to Explore Solutions

Libraries can take a back seat when pressing issues like food, sanitation and water need urgent attention, the Court said.

'Police Can't Exceed Limits' : Supreme Court Sends Its Judgments On Arrest Guidelines To DGPs Of All States/UTs, Warns Of Strict Action

The Court cautioned the police against violating the rights of persons in custody and warned that errant officials would face strict action.

Quasi-Judicial Bodies Bound By Principles Of Res Judicata : Supreme Court Reiterates

Observing that the quasi-judicial bodies are also bound by the principles of res-judicata to prevent re-litigation on the same issue, the Supreme Court set aside the Rajasthan High Court's order which had upheld the second order passed by the quasi-judicial body despite the first order passed by the quasi-judicial body was not followed and remained unchallenged. The bench comprising Justices Vikram Nath and Prasanna B Varale heard the case where the quasi-judicial body had relitigated the same...

S.34 CPC | In Commercial Transactions, Courts May Award Interest Higher Than 6% : Supreme Court

The Supreme Court on Tuesday (April 1) held that the Courts have the authority to determine the appropriate rate of interest to be awarded for decree amounts. The Court also have the discretion to decide from which date the interest is payable- whether from the date of the filing of the suit, from any date prior to it, or the date of decree.The Court observed that in the absence of an...

Disciplinary Proceedings Can't Be Initiated Against Quasi-Judicial Officer Merely On Ground Of Passing Wrong Order : Supreme Court

The Supreme Court on Tuesday (April 1) quashed disciplinary proceedings initiated against a former Tehsildar, ruling that incorrect quasi-judicial orders alone, without allegations of malafides or extraneous influence, cannot justify disciplinary action.The Court stated that when the order was passed in good faith (though incorrect), it would not warrant initiating disciplinary...

S.319 CrPC | Additional Accused Can Be Summoned Based On Witness's Statement Without Cross-Examination : Supreme Court

The Supreme Court today (April 1) reaffirmed that a plea to summon an additional accused can rely on pre-trial evidence such as the unrebutted examination-in-chief of the witness without waiting for cross-examination to conclude.The bench comprising Justices Dipankar Datta and Manmohan heard the case where the trial court,citing prima facie involvement of the proposed accused persons based on...

Can Assistant Professors In Engineering Colleges Be Re-designated As Associate Professors Without PhD? Supreme Court Clarifies

The Supreme Court held that Assistant Professors in Engineering institutes(appointed after March 15, 2000), who did not have Ph.D qualification at the time of appointment or failed to acquire Ph.D within seven years of their appointment, cannot claim re-designation as Associate Professors in terms of the 2010 notification issued by the All India Council for Technical Education (AICTE).At the...

Supreme Court Upholds Piramal's Resolution Plan For DHFL, Sets Aside NCLAT Order

The Supreme Court today (April 1) approved the Resolution Plan proposed by Piramal Capita and Housing Finance for the erstwhile Dewan Housing Finance Corporation Ltd(DHFL).The Court held that funds recovered from the fraudulent transactions at Dewan Housing Finance Corporation Ltd (DHFL) will go to Piramal Capital & Housing Finance Ltd.The Court set aside the NCLAT order, which directed...