Supreme court
Inquiry About Mesne Profits Continuation Of Original Suit; Application For Such Inquiry Not Barred By Limitation: Supreme Court
In a recent case, the Supreme Court permitted the decree-holder to file an application regarding the determination of mesne profits after almost 26 years of passing the decree. The Court said that filing an application as a reminder to the court to complete the inquiry into the determination of mesne profit cannot be said to be filing a fresh suit but a continuation of the suit and cannot be barred by limitation. “Now, such an inquiry is nothing but a continuation of the suit and is in the...
IBC| Timeline To Pay Balance Sale Consideration By Auction Purchaser In Liquidation Proceedings Mandatory : Supreme Court
The Supreme Court recently interpreted Rule 12 of Schedule 1 under Regulation 33 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 as mandatory in character. Rule 12 relates to how assets of the Company (Corporate debtor) are to be sold by the Liquidator. Rule 12 reads: "On the close of the auction, the highest bidder shall be invited to provide balance sale consideration within ninety days of the date of such demand: Provided that payments made after...
Take Steps To Ensure Speedy Trial In Heinous Crimes & Crimes Against Women & Children: Supreme Court To Allahabad HC CJ
The Supreme Court on Thursday (September 5) requested the Chief Justice of the Allahabad High Court to take measures to ensure the speedy conclusion of trials, particularly in cases involving heinous crimes and crimes against women and children.A bench of Justice Hrishikesh Roy and Justice Sudhanshu Dhulia observed that delays in the trial were enabling accused persons charged with heinous crimes to seek bail on the grounds of prolonged trial.“it is noticed that there are many instances of...
Karnataka Stamp Act | Supreme Court Approves Levy Of Ten Times Penalty On Deficit Stamp Duty To Admit Document In Evidence
The Supreme Court in a recent judgment justified the imposition of ten times penalty on a deficit stamp duty being unpaid by the litigant under the Karnataka Stamp Act, 1957 (“Act”). The Appellant wanted the suit agreement to be admitted in evidence at the interlocutory stage, however, the agreement was not sufficiently stamped. Therefore, in terms of Section 34 of the Act, the Appellant was directed to pay ten times of deficit stamp duty by the trial court as a penalty for not paying...
Supreme Court Quashes Criminal Prosecution Against Company Granted Immunity Under S.32K Central Excise Act
The Supreme Court set aside the criminal prosecution against a company under the Customs Act, 1962 (CA), Central Excise Act (CE Act), 1944 and Indian Penal Code (IPC) from prosecution.The Appellant/Company having registered under the Companies Act, 1956 engaged in manufacturing and exporting of cosmetics and toilet preparations. It was alleged that instead of payment of Countervailing Duty (CVD) on the Maximum Retail Price (MRP) the appellant had paid the CVD on the invoice value of the...
'Parties' Rights Can't Override Child's Welfare' : Supreme Court Sets Aside HC Order Giving Father Toddler's Custody From Maternal Relatives
Observing that the welfare of a child is of paramount importance, the Supreme Court on Friday (Sep.6) set aside the Madhya Pradesh High Court's order which had granted the custody of a 2.5-year-old child to her father on the sole ground of he being a 'natural guardian' of the child."As far as the decision regarding custody of the minor children is concerned, the only paramount consideration is the welfare of the minor. The parties' rights cannot be allowed to override the child's welfare. This...
APSRTC Employees Appointed In Regions Forming Part Of Telangana Will Be TSRTC Employees Following Andhra Pradesh Bifurcation : Supreme Court
The Supreme Court held that the employees of the Andhra Pradesh State Road Transport Corporation (APSRTC), who were appointed at regional levels in areas which formed part of the State of Telangana, will continue as employees of the Telangana State Road Transport Corporation (TSRTC), which is the successor corporation following the bifurcation of the State of AP.The Supreme Court set aside the judgment of the the division bench of the Andhra Pradesh High Court which allotted the employees to the...
Supreme Court Upholds Quashing Of Disciplinary Proceedings Against Professor Who Couldn't Join Duty Due To COVID
The Supreme Court recently upheld the Kerala High Court's decision quashing the termination of an Assistant Professor who was unable to resume his duties after Leave Without Allowance (LWA) due to COVID-19 pandemic. A bench of Justice PS Narasimha and Justice Pankaj Mithal noted that the relevant disciplinary provision - Rule 15(2)(a) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, mandated that the relevant authority must record prima facie satisfaction that...
Supreme Court Orders Release Of Ex-Bhushan Steel MD Neeraj Singal In PMLA Case, Says ED Violated Law On Arrest
The Supreme Court today ordered the release of former Managing Director of Bhushan Steel Limited-Neeraj Singal in a money laundering case. The order was passed citing Singal's long incarceration of about 16 months and the unlikelihood of completion of trial in a short span.A bench of Justices Sanjiv Khanna and Sanjay Kumar was hearing Singal's challenge to his arrest and dismissal of bail by the Delhi High Court. He was arrested by the Enforcement Directorate on June 9 last year, for alleged...
Supreme Court Directs HP High Court Collegium To Reconsider Elevation Of 2 District Judges, Says HC CJ Wrong In Taking Individual Decision
The Supreme Court allowed a writ petition filed by two senior district judges from Himachal Pradesh contending that the Himachal Pradesh High Court collegium ignored their merit and seniority while recommending names for elevation to the High Court.The Court on Friday (September 6) directed the collegium of Himachal Pradesh High Court to reconsider the names of District Judges Chirag Bhanu Singh and Arvind Malhotra for elevation as judges of the High Court. This should be done following the...
IBC | 'Auction-Purchaser Entitled To Benefit Of COVID Limitation Extension' : Supreme Court Refuses To Cancel Sale Over Delayed Deposit
The Supreme Court recently refused to cancel an e-auction despite the Auction Purchaser making a glaring default in making a deposit of the balance sale consideration on grounds that the subject matter of the auction has been utilised and the appellant failed to approach the court on time.A bench of Justices Hima Kohli and Ahsanuddin Amanullah noted: "Much water has flown under the bridge by...
