Supreme court
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, a relief for possession is also claimed, then the limitation period would be governed by the Article...
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 period, the marital bond becomes a mere legal formality devoid of any substance. This Court has consistently...
IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court
The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5(7) of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there is no default in payment of debt. "Therefore,...
S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
The Supreme Court today (Dec. 20) observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract.The Court further stated that Section 20 of the Specific Relief Act, 1963 ("SRA") would not apply if the defendant/seller failed to...
![100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]](https://www.livelaw.in/h-upload/2024/12/18/500x300_577180-100-important-judgments-of-2024.webp "100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]")
100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]
As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...
