Supreme court
Power Of Attorney Holder, Who Was Vendee & Witnessed Execution, Can Give Evidence On Agreement To Sell : Supreme Court
The Supreme Court observed that when multiple plaintiffs are involved in an agreement to sell, a power of attorney holder (who is also a vendee and a plaintiff) may testify on behalf of another plaintiff on matters requiring his personal knowledge. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra reasoned that since the power of attorney, who is also a plaintiff, witnessed the execution of the agreement to sell and had first-hand knowledge of the execution, therefore...
Executive Can't Become Judge, Pronounce Guilt Of Persons & Punish Them By Demolishing Their Properties : Supreme Court
Pronouncing judgment in the 'bulldozer matter', the Supreme Court today stated in unequivocal terms that the executive demolishing house of an accused without following due process of law would constitute an 'abuse of power'. If it takes such arbitrary action, the executive would be guilty of giving a go-by to principles of law and acting in a high-handed manner, which would have to be dealt with a 'heavy hand of the law'."The chilling sight of a bulldozer demolishing a building when authorities...
Defer Demolitions By 15 Days, Personal Liability Of Officials For Violations: Read Supreme Court's Directions Against 'Bulldozer' Actions
The Supreme Court has invoked its extraordinary powers under Article 142 of the Constitution to issue a slew of guidelines against "bulldozer actions" carried out by State authorities as a punitive action against persons accused/convicted in crimes."In order to allay the fears in the minds of the citizens with regard to arbitrary exercise of power by the officers/officials of the State, we find it necessary to issue certain directions in exercise of our power under Article 142 of the...
Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Nominal IndexCitationsManish Kumar Rai v. Union of India & Ors. 2024 LiveLaw (SC) 849Pintu Madanmohan Mondal v. State of West Bengal & Ors. 2024 LiveLaw (SC) 850Union of India v. Ganpati Dealcom Pvt Ltd | R.P.(C) No. 359/2023 2024 LiveLaw (SC) 851International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 2024 LiveLaw (SC) 852Anoop M. and others...
Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court
The Supreme Court observed that not every plaintiff must prove the execution of a sale agreement if another plaintiff with knowledge of the transaction proves the execution. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra stated that a plaintiff's absence should not be viewed adversely, as testimony from another plaintiff present can substantively support the claims of absent plaintiffs. “The plaintiffs' interests were represented by their Power of Attorney holders,...
Offence Within Restaurant Not 'House Trespass' As Per Sections 442, 452 IPC : Supreme Court
Observing that a restaurant cannot be said to be either a place used for human dwelling or worship or the custody of the property, the Supreme Court set aside the conviction of a person accused of the offence of "house trespassing after preparation for hurt" under Section 452 of IPC. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma noted that Restaurant does not...
Partnership Act | Outgoing Partner Entitled To Share In Profits Derived From His Share In Assets Of Firm: Supreme Court
In a recent ruling, the Supreme Court held that if a partner is carrying on business with the assets of the firm, till a final settlement is made, the outgoing partner, would have the right to seek accounts and a share in the profits which might be derived from his share in the assets of the firm. The bench led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj...
Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
AdvocateAdvocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Legal professionals are not immune from prosecution for criminal misdeeds. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Strict compliance with online appearance marking...
Justice DY Chandrachud's Judgments On Socio-Economic Justice, Gender Equality, Reproductive Rights, Child Welfare & Disability Rights
Chief Justice of India D.Y. Chandrachud, who is set to demit office on November 10, was involved in some of the most significant judgments during his tenure as a judge. Some of his notable judgments on socio-economic and political justice, gender equality and disability rights are briefly discussed below. On socio-economic justice1. E.R. Kumar & Anr vs Union Of India & Ors (November...
Computation Of Royalty Within Executive's Domain, Courts' Interference Barred Unless Decision-Making Process Is Illegal : Supreme Court
Noting that the computation of royalty on minerals is purely a policy decision within the executive's domain, the Supreme Court dismissed the plea challenging the government's change in the royalty calculation method. The Court stated that unless the policymaking authority has overstepped its limits, such decisions cannot be challenged, as they require specialized expertise that judges do...
Timely Implementation Of Resolution Plan Is Crucial To Achieve IBC's Objective Of Protecting Assets Dissipation: Supreme Court
The Supreme Court bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that unnecessary delay caused in implementation of the Resolution Plan would also lead to the assets of the corporate debtor diminishing in value. Therefore, there is no doubt that the timely implementation of the Resolution Plan is also one of...
