Supreme court
Supreme Court Sets Aside Gift Deed Executed Over Share Given Up In Family Settlement
The Supreme Court has held that a person having parted with his share in a property via a compromise deed cannot later execute a gift deed in relation to the same property. The Court faulted the Telangana High Court's order for overlooking a compromise deed before upholding the execution of a gift deed by a man who had already relinquished his share via a compromise deed. A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva heard a case in which a man, despite having relinquished his...
Supreme Court Criticises Allahabad High Court For Casually Granting Probation To Convicts In Brutal Attack Case
'Nature of offence' and 'character of offender' must guide probation, the Court stated
Supreme Court Quashes Rajasthan High Court's Disciplinary Proceedings Against Judge Over Bail Order
The Supreme Court has quashed disciplinary proceedings initiated against a Rajasthan judicial officer(since retired) for granting bail to two accused persons despite their earlier bail applications having been rejected by the High Court, observing that counselling or a warning would have sufficed in the peculiar facts of the case. A bench of Justice B.V. Nagarathna, Justice R. Mahadevan and Justice Devendra Kumar Upadhyaya directed the Rajasthan Government and the High Court to recompute the...
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...
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...
State Must Be Made Party If Relief Is Sought Against Public Exchequer; Impleading Officer Or Dept Not Enough : Supreme Court
An officer or a department of the State cannot be equated with the State itself for the purposes of fastening sovereign or financial liability
Converts To Non-Hindu Religions Can't Claim Backward Class Quota Solely Based On Pre-Conversion Status : Supreme Court
A person's pre-conversion caste/community cannot be transposed in the post-conversion social order.
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...
