Supreme court
Supreme Court Criticises High Courts For Staying SARFAESI Proceedings In Writ Petitions
The Supreme Court recently criticised the Karnataka High Court for restraining LIC Housing Finance Ltd. (secured creditor) from proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), without recording any reasons, despite repeated warnings from the apex court against such interference.A bench of Justice...
Limitation Act Won't Apply To Conciliation Process Under MSMED Act, But Applies To Arbitration : Supreme Court
The Supreme Court settled an important legal issue regarding the recovery of time-barred payment claims by Micro, Small, and Medium Enterprises (MSMEs) suppliers from large buyers under the MSMED Act. The Court held that while MSME suppliers may pursue time-barred debts through conciliation proceedings under the Act, such claims cannot be enforced through arbitration, as the Limitation...
Supreme Court Daily Round-Up : July 17, 2025
The links of the Supreme Court reports published on July 17, 2025 here :Motor Accident Claims : Can Passenger In Vehicle Claim Compensation Under Third Party Policy? Supreme Court Refers To Larger BenchPension A Constitutional Right, Can't Be Reduced Without Proper Procedure : Supreme CourtSupreme Court Extends Time To FSSAI Expert Committee For Report On Warning Labels On Packaged...
Supreme Court Commutes Death Penalty Of Man Convicted For Rape-Murder Of 10 Yr Old Girl To Life Term Without Remission
The Supreme Court yesterday (July 16) converted the death penalty to life imprisonment without remission, extending to the natural life of the Appellant convicted for sexually assaulting and strangling to death a 10-year-old girl.Although conscious of the brutality of crime, the Court reasoned that the death penalty cannot be sustained because the trial court and the High Court both...
Exclusion Of Natural Heirs Without Reasons Raises Doubt About Genuineness Of Will : Supreme Court
The Supreme Court reiterated that exclusion of natural heirs from a Will can be a circumstance raising suspicion against its valid execution, though that factor alone will not invalidate it.The Court observed that the existence of such a suspicious circumstance would require a closer scrutiny of the execution of the Will."We are conscious that deprivation of a natural heir, by itself, may...
Supreme Court Upholds HP Govt Right To 18% Free Power From JSW, Says CERC Cap Doesn't Override Contractual Terms
Observing that regulations cannot override freely negotiated contracts, the Supreme Court on Wednesday (July 16) ruled in favour of the Himachal Pradesh Government, holding that JSW Hydro Energy Ltd. must supply 18% free electricity as per the 1999 agreement, despite the CERC regulations capping free power at 13% for tariff determination. The bench comprising Justices PS Narasimha and...
Supreme Court Affirms Conviction Of Woman For Fiance's Murder; Allows Her & Aides To Seek Governor's Pardon
In an extraordinary instance, the Supreme Court on July 14, while upholding the life sentence of a female convict guilty of murdering her fiancé, granted her an opportunity to seek pardon before the Karnataka State Governor. The Court also held that the powers of the Governor under Article 161 to grant pardon reflect the wider "constitutional ethos, goal and culture" towards reformation....
Supreme Court Half Yearly Digest 2025: Arbitration & Conciliation Act
Arbitration and Conciliation Act, 1996Sections 8 and 11(6A) – Arbitrability of Trademark Disputes – Dispute between two factions of a Coimbatore-based family over the "Sri Angannan Biriyani Hotel" trademark. The petitioner filed a civil suit seeking a permanent injunction and ₹20 lakhs in damages for alleged trademark infringement. The respondent invoked an arbitration clause in...
Rehabilitation Not Necessary In Land Acquisition Cases Except For Those Who Lost Residence Or Livelihood : Supreme Court
The Supreme Court recently observed that rehabilitation of landowners, beyond monetary compensation for government-acquired land, is not mandatory, though the government may offer additional benefits guided by humanitarian considerations of fairness and equity. However, the Court clarified that rehabilitation should be provided in cases where acquisition destroys livelihoods...
Supreme Court Reviews Order Granting Custody To Father After Child Developed Stress Due To Separation From Mother
The Supreme Court set aside its previous order affirming a Kerala High Court judgment granting permanent custody of a minor child to his biological father. Allowing the mother's review petition, a bench of Justice Vikram Nath and Justice Prasanna B. Varale restored custody to the mother, citing serious concerns over the child's psychological health following the earlier custody decision.The...
Pension A Constitutional Right, Can't Be Reduced Without Proper Procedure : Supreme Court
The Supreme Court provided relief to the ex-Central Bank Of India employee whose pension was reduced by one-third without consulting board of directors, as mandated under Central Bank of India (Employees') Pension Regulations, 1995 (“Regulation”). The Court reiterated that pension is an employee's right to property, which is a constitutional right, that cannot be denied without the...