Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

"When public sector entities engage in misuse of temporary contracts, it mirrors the detrimental trends observed in the gig economy", the SC said.

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 provide evidence showing that the hardship was unforeseeable when entering into the contract.Before the 2018...

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...

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

The Court passed this general direction after expressing shock that an accused was not produced in court for nearly six years.

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

The Supreme Court today (Dec. 20) quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce.“These facts lead us to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the...

Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court

The Supreme Court on Friday (December 20) held that the Registry cannot defy specific order of the Court and refuse to list a case on the ground of procedural non-compliance.“When there is order of the court directing listing of the cases specifically assigned to this bench the registry cannot defy the order and refuse to list the case on the ground that there was non-compliance with...