Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains

The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 (“TPA”) if he fails to prove the execution of a sale agreement based on which possession was claimed.The Court also explained the conditions to invoke Section 53A.The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the plea filed against the Karnataka High Court's decision that approved the First Appellate Court and Trial Court's...

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024

IndexCitationsNew India Assurance Co. Ltd. v. Velu & Anr. 2024 LiveLaw (SC) 998Ankush Vipan Kapoor v. National Investigation Agency, SLP(Crl) No. 2819/2024 2024 LiveLaw (SC) 999Irfan Akbani & Ors. v. State of Madhya Pradesh & Ors.| SLP(C) No. 26511/2019 2024 LiveLaw (SC) 1000Dushyant Mainali v. Diwan Singh Bora & Anr. 2024 LiveLaw (SC) 1001X v. State of Uttar Pradesh &...

100 Important Supreme Court Judgments Of 2024 - Part 2 [26-50]

Part 1 can be read here.26. Judicial Service | 'High Score In Written Exam Alone Doesn't Determine Merit' : Supreme Court Upholds Minimum Mark Criteria For InterviewCase Title: ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS. | 2024 LiveLaw (SC) 350Coram: Justices Hrishikesh Roy and Prashant Kumar MishraThe Supreme Court upheld the constitutionality of the...

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an appeal challenging the...

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...

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...

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...

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...