Supreme court
Supreme Court Sets Aside Orders Rejecting Waqf Trust's Objection To Execution Of Property Decree, Orders Fresh Inquiry
The Supreme Court has set aside orders rejecting a claim petition filed by Alladin Charities and Zakat Wakf, which sought to resist the execution of a decree for possession of a property in Hyderabad, and remanded the matter to the executing court for fresh consideration.A bench of Justices S.V.N. Bhatti and N.V. Anjaria held that the findings recorded by the executing court and the Telangana High Court did not conform to well-established principles of law. The Court directed the VII Senior...
Auction Can't Be Cancelled Merely Because Fresh Bids Are Lower Than Earlier Offers : Supreme Court
Power to cancel auction must be exercised fairly, the Court stated.
Students' Fees Cannot Be Hiked Midway Through Professional Courses Except In Exceptional Circumstances: Supreme Court
Fee regulatory commissions must strive to notify the fee payable for the entire course at the threshold itself, the Court stated.
Ambiguity In Recruitment Criteria To Be Construed In Candidate's Favour: Supreme Court
The Supreme Court has held that ambiguity or vagueness in eligibility criteria prescribed in a recruitment advertisement should be construed in favour of a candidate who prima facie possesses the requisite qualifications. “…any ambiguity or vagueness in the prescribed qualification should be construed to the benefit of the candidate who prima facie appears to possess the requisite qualifications.”, observed a bench of Justice Prashant Kumar Mishra and Justice Shree Chadrashekhar, while setting...
Should Intra-Court Appeals Be Denied Just Because Writ Petition Dealt With Criminal Issue? Supreme Court Refers To Larger Bench
The Court doubted the 2017 precedent in 'Ram Kishan Fauji'
S. 62 IBC | Limitation For Filing Appeal Runs From NCLAT Order Pronouncement, Not Receipt Of Certified Copy : Supreme Court
The Supreme Court on Wednesday (October 14) has held that the limitation period for filing an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 begins from the date the National Company Law Appellate Tribunal pronounces its order, and not from the date on which the appellant receives the certified copy. A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria held that the time spent by a litigant in applying for and obtaining a certified copy can be excluded under Section...
PMLA | ED's Delay In Forwarding Arrest Order To Adjudicating Authority Doesn't Automatically Vitiate Arrest : Supreme Court
Ideally the forward should be simultaneous with the arrest, Court said.
Give Insurance Cover To Tickets Sold Over Counter Like Online Tickets : Supreme Court Directs Railways
In a significant case, the Supreme Court has ordered Indian Railways to provide insurance coverage to tickets purchased at the railway reservation counters within two weeks, with effect from October 27. It said the insurance coverage should be the same as when tickets are purchased online. A bench comprising Justice Ahsanuddhin Amanullah and Justice R. Mahadevan passed this order while hearing...
Income Tax | Fresh Claim Cannot Be Raised Before Revisional Authority Without Timely Revised Return : Supreme Court
The Supreme Court has held that a fresh claim before the Revisional authority cannot be filed by the assessee without filing a revised return in accordance with law. A bench of Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar dismissed an assessee's plea against the Orissa High Court's decision to uphold the income tax authority's decision to decline the fresh claim of...
Non-Signatories Can Be Joined In Arbitration If Dispute Affects Their Rights: Supreme Court
The Supreme Court has held that a non-signatory to an arbitration agreement may be included in arbitration proceedings when the dispute substantially affects their rights, emphasising that the determination of whether someone is a “veritable party” depends on the facts and circumstances of each case. A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran observed that the...