Commercial Courts Act | Limitation Period Starts From Pronouncement Of Judgment & Not Receipt Of Copy : Supreme Court

The Supreme Court held that the limitation period for filing an appeal under the Commercial Courts Act, 2015, commences from the date of pronouncement of the judgment and that a party cannot insist that the limitation starts only from the date of receiving a copy of the judgment.The Court clarified that while Order XX Rule 1 of the CPC places a duty on the court to provide a copy of the judgment to the litigant, the litigant is nonetheless expected to make reasonable efforts to apply for it.The...

Evidence Of Hostile Witness Cross-Examined By Prosecution Can't Be Discarded Fully; Court Must Assess What Can Be Accepted : Supreme Court

While confirming the convictions of eleven accused persons in the 'Kannagi-Murugesan' honour killing case from Tamil Nadu, the Supreme Court held that just because a witness has supported some, though not all, aspects of a case, it would not automatically mean that the witness has to be declared as 'hostile'.A bench comprising Justices Sudhanshu Dhulia and PK Mishra dismissed the appeals filed by eleven convicts challenging the Madras High Court's 2022 judgment, which upheld their life sentence....

TN Honour Killing Case : Supreme Court Upholds Life Sentence Of Police Inspector For Fabricating Evidence Against Dalits

In the horrific 'Kannagi-Murugesan' honour killing case which took place in Tamil Nadu in 2003, the Supreme Court, while confirming the convictions of nine persons, also upheld the conviction of two police officers, who were accused of fabricating evidence.A bench comprising Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra rejected the appeals of K.P. Tamilmaran and M. Sellamuthu, who were the Sub-Inspector and Inspector, respectively, of the Virudhachalam police station at the...

When Joint Hindu Family Property Is Partitioned, Shares Of Parties Become Their Self-Acquired Properties : Supreme Court

The Supreme Court recently reaffirmed that following the partition of ancestral property, the individual shares allotted to each co-parcener become their self-acquired property."After the joint family property has been distributed in accordance with law, it ceases to be joint family properties and the shares of the respective parties become their self-acquired properties," the Court stated.Holding thus, the Court set aside the Karnataka High Court's judgment which had invalidated the sale made...

'Sharia Court', 'Court Of Kazi' Etc Have No Legal Recognition; Their Directions Not Binding: Supreme Court

The Supreme Court reiterated that a 'Court of Kazi', 'Court of (Darul Kaja) Kajiyat','Sharia Court' etc., by whatever name styled, have no recognition in law and any direction given by them is not enforceable in law.A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the 2014 judgment in Vishwa Lochan Madan v Union of India,which held that Shariat Courts and fatwas do not have legal sanction.The bench was deciding an appeal by a woman challenging the decision...

'Honour Killing Ugly Reality Of Caste Structure, Must Get Strong Punishment' : Supreme Court Upholds Convictions In Kannagi-Murugesan Case

The Supreme Court on Monday (April 28) confirmed the convictions in the 'Kannagi-Murugesan' honour killing case from Tamil Nadu.A bench comprising Justice Sudhanshu Dhulia and Justice PK Mishra dismissed the appeals filed by nine convicts challenging the Madras High Court's 2022 judgment, which upheld their life sentence. The Court also dismissed the appeals filed by two policemen for fabricating evidence.The case involved the brutal murder of an inter-caste couple S Murugesan and D Kannagi, who...

Economic Offences Stand On Different Footing, High Courts Should Be Cautious While Quashing Such FIRs At Early Stage : Supreme Court

The Supreme Court recently refused to quash an FIR against a company's director for their alleged involvement in the economic offences, noting that the High Court erred in quashing the case despite being apprised with a factum aspect that the directors of the company, established certain dummy/shell companies and the monetary transaction were circulated to these shell/dummy companies. The bench comprising Justices Bela M. Trivedi and Prasanna B. Varale was hearing the case in which the High...

Arbitral Award For Claims Not Included In IBC Resolution Plan Can't Be Enforced: Supreme Court

The Supreme Court recently allowed an appeal challenging the enforcement of an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) against Electrosteel Steels Ltd., holding that the award was non-executable in view of the resolution plan approved under Section 31 of the Insolvency and Bankruptcy Code (IBC), 2016.“we have no hesitation to hold that upon...

Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes

The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction...

Supreme Court Seeks Affidavits From States/UTs On Compliance With Directions To Enforce POSH Act

The Supreme Court recently passed an order seeking follow-up affidavits from the Union, States and the Union Territories in regards to its comprehensive directions for effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) passed last year on December 3.The directions, passed by a bench of Justices BV Nagarathna and...

Order 43 Rule 1A Doesn't Create Independent Appeal; Party To Suit Cannot Directly Appeal Against Compromise Decree : Supreme Court

The Supreme Court recently ruled that a party to a compromise decree cannot directly challenge the compromise before the Appellate Court without first approaching the trial court. “If a person was already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the proviso to Order XXIII Rule 3 and ask...

Dismissal Of Suit For Default Doesn't Bar Fresh Suit On Same Cause Of Action : Supreme Court

The Supreme Court recently held that the dismissal of a suit or application for default under Rules 2 or 3 of Order IX of the CPC does not prevent the filing of a fresh suit, as such dismissal does not constitute a judgment or decree, and therefore, the principle of res judicata does not apply. “It is, therefore, clear that an order of dismissal of a suit or application in default under...