'Agreement To Lease Didn't Create Leasehold Rights Without Execution' : Supreme Court In Delhi Development Authority's Appeal

While interpreting the clauses in an agreement to lease entered into between the Delhi Development Authority (DDA) and a party, the Supreme Court noted that the agreement to lease did not create leasehold rights unless the lease deed was executed and registered.The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan was deciding Delhi Development Authority's (DDA) appeal against the High Court's ruling, which had affirmed the auction sale of the suit property.Briefly put, DDA...

Supreme Court Exempts Wife From Paying Stamp Duty For Flat Acquired As Part Of Compromise In Divorce Case

The Supreme Court recently exempted a wife, who received a flat as part of a compromise with her husband in a matrimonial dispute, from the payment of stamp duty under the Registration Act, 1908 (“Act”). The bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the case where the husband and wife, during the pendency of the petition filed by the husband seeking transfer of the divorce case filed by the wife, agreed to mutually dissolve their marriage in the mediation proceedings....

Supreme Court Weekly Round-up: March 03, 2025 To March 09, 2025

Nominal IndexCitationsIn Re Recruitment of Visually Impaired In Judicial Services v. The Registrar General The High Court of Madhya Pradesh, SMW(C) No. 2/2024 2025 LiveLaw (SC) 274Maatr Sparsh An Initiative By Avyaan Foundation v. Union of India & Ors. | Writ Petition (Civil) No.950/2022 2025 LiveLaw (SC) 275State of Goa & Anr. v. Namita Tripathi 2025 LiveLaw (SC) 276Sharmila Velamur...

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

The Supreme Court recently discharged two persons accused of not providing safety equipment (e.g., helmets, safety belts, rubber shoes) to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder. An FIR was registered against the Appellants under Sections 304 (culpable homicide not amounting to murder) and 304A (causing death by negligence) of the Indian Penal Code (IPC). The Trial Court and High Court rejected the appellants'...

'Shocking' : Supreme Court Slams J&K Admin For 16 Years' Refusal To Comply With HC Order On Regularisation Of Daily Wager

The Supreme Court of India made a scathing observation regarding the 16-year long delay by the UT of J&K in complying with the High Court's order, which directed the government to consider the case of the respondent daily wagers for regularization as per specific Government Order SRO 64 of 1994.IN 2007, J&K High Court had passed the directions to appellants to consider the case of the respondent at par with other daily wage workers, who had received the benefits of regularization under...

Supreme Court Directs States/UTs To Notify Sanctioned Posts Of Teachers For Children With Special Needs Before March 28

The Supreme Court on Friday (March 7) directed all the States and Union Territories to notify the sanctioned posts of teachers for special children and immediately begin the selection procedure of the same. It added that those teachers working on an ad-hoc basis in different states be regularised by a scrutiny committee on the merits of each candidate. The bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran was hearing a Public Interest Litigation which highlighted the lack of...

Sale Under Power Of Attorney Unaffected By Subsequent Cancellation Of PoA : Supreme Court

The Supreme Court has observed that sale transactions carried out on the basis of a valid Power of Attorney (PoA) cannot be sought to be set aside later on the ground that the PoA was cancelled subsequently.Holding so, the Court affirmed an order of the Trial Court rejecting a plaint, which sought to annul certain past sale transactions on the basis of the subsequent cancellation of the PoA.The PoA was executed by the plaintiff in the name of the first respondent on 15.10.2004. In 2018, the...

Supreme Court Monthly Round-up: February 2025

Nominal IndexCitationsRimpa Saha v. District Primary School Council Malda 2025 LiveLaw (SC) 143Lok Prahari Through Its General Secretary v. Union of India 2025 LiveLaw (SC) 144Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave To Appeal (C) No.12213/2019 2025 LiveLaw (SC) 145State of Madhya Pradesh v. Dileep 2025 LiveLaw (SC) 146 Bhupinder Singh v. Unitech Ltd., Civil...

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court

"In India, the reality is that there are far more takers of Government jobs than there are jobs available," observed the Supreme Court recently while setting aside the bail granted to the accused in case over the use of a "dummy candidate" in a Civil Engineer Competitive Examination.A bench comprising Justice Sanjay Karol and Justice Ahsanudding Amanullah allowed the appeal filed by the State of Rajasthan against the High Court's order for grant of bail to accused Indraj Singh and Salman Khan.As...

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court

The Supreme Court clarified that when a person is convicted for an offence under both the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) and the rape provisions of the IPC, Section 42 of the POCSO Act mandates the imposition of the higher degree of punishment prescribed either under the POCSO Act or Indian Penal Code (“IPC”). The court further stated that no...

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court

The Supreme Court recently set aside a preventive detention order against an alleged key member of a syndicate that smuggled foreign gold into India observing that the detaining authority failed to consider the conditions imposed by the jurisdictional Magistrate when granting him bail in case arising from the same allegations.A bench of Justice Sudhanshu Dhulia and Justice K. Vinod Chandran...

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]

Supreme Court Weekly Digest March 2025 [March 1 - 9, 2025](Citations 2025 LiveLaw (SC) 274 to 2025 LiveLaw (SC) 297) AdvocateAdvocate-Client Relationship - Undertakings given by advocates must be with the client's express authorization. A lawyer-client relationship is fiduciary in nature and the former is cast in terms of agency of the latter. It is also clear that the lawyer is to respect...