S.34 CPC | In Commercial Transactions, Courts May Award Interest Higher Than 6% : Supreme Court

The Supreme Court on Tuesday (April 1) held that the Courts have the authority to determine the appropriate rate of interest to be awarded for decree amounts. The Court also have the discretion to decide from which date the interest is payable- whether from the date of the filing of the suit, from any date prior to it, or the date of decree.The Court observed that in the absence of an...

Disciplinary Proceedings Can't Be Initiated Against Quasi-Judicial Officer Merely On Ground Of Passing Wrong Order : Supreme Court

The Supreme Court on Tuesday (April 1) quashed disciplinary proceedings initiated against a former Tehsildar, ruling that incorrect quasi-judicial orders alone, without allegations of malafides or extraneous influence, cannot justify disciplinary action.The Court stated that when the order was passed in good faith (though incorrect), it would not warrant initiating disciplinary...

S.319 CrPC | Additional Accused Can Be Summoned Based On Witness's Statement Without Cross-Examination : Supreme Court

The Supreme Court today (April 1) reaffirmed that a plea to summon an additional accused can rely on pre-trial evidence such as the unrebutted examination-in-chief of the witness without waiting for cross-examination to conclude.The bench comprising Justices Dipankar Datta and Manmohan heard the case where the trial court,citing prima facie involvement of the proposed accused persons based on...

Can Assistant Professors In Engineering Colleges Be Re-designated As Associate Professors Without PhD? Supreme Court Clarifies

The Supreme Court held that Assistant Professors in Engineering institutes(appointed after March 15, 2000), who did not have Ph.D qualification at the time of appointment or failed to acquire Ph.D within seven years of their appointment, cannot claim re-designation as Associate Professors in terms of the 2010 notification issued by the All India Council for Technical Education (AICTE).At the...

Supreme Court Upholds Piramal's Resolution Plan For DHFL, Sets Aside NCLAT Order

The Supreme Court today (April 1) approved the Resolution Plan proposed by Piramal Capita and Housing Finance for the erstwhile Dewan Housing Finance Corporation Ltd(DHFL).The Court held that funds recovered from the fraudulent transactions at Dewan Housing Finance Corporation Ltd (DHFL) will go to Piramal Capital & Housing Finance Ltd.The Court set aside the NCLAT order, which directed...

'Shocks Our Conscience' : Supreme Court Asks UP Authority To Pay Rs 60 Lakh Compensation For Illegal Demolition Of Houses

The Supreme Court has directed the Prayagraj Development Authority to pay Rs. 10 lakh each in compensation to six individuals whose houses were illegally demolished, calling the action “inhumane and illegal.”“The authorities and especially the development authority must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India…Considering...

Difference Between FIR Registration Provisions Under S. 154 CrPC & S. 173 BNSS: Supreme Court Explains

The Supreme Court recently explained the difference between the provisions governing the registration of a First Information Report (FIR) and the conduct of preliminary inquiry under CrPC and its replacement Bharatiya Nagarik Suraksha Sanhita.The Court observed that while Section 173(1) of BNSS is substantially similar to Section 154 CrPC regarding the recording of information, the...

S.482 CrPC/S.528 BNSS | No Absolute Bar On High Court Quashing FIR At Nascent Stage Of Investigation: Supreme Court

The Supreme Court recently observed that there is no absolute rule preventing a High Court from quashing an FIR by exercising its power under Section 482 of CrPC and its equivalent Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), merely because the investigation is at a nascent stage.“There is no absolute rule that when the investigation is at a nascent stage, the High Court...

S.256 CrPC/S.279 BNSS | Absence Of Complainant Will Not Always Lead To Acquittal Of Accused : Supreme Court

The Supreme Court held that the non-appearance of a complainant will not always result in the acquittal of the accused as per Section 256 of the Code of Criminal Procedure (corresponding to Section 279 of the Bharatiya Nagarik Suraksha Sanhita).The Court interpreted Section 256 Cr.P.C. to mean that acquittal under this section is warranted only when the complainant is absent on the date which...

Giving Arrest Memo Not Same As Supplying Grounds Of Arrest : Supreme Court Sets Aside Arrest & Remand

The Supreme Court recently set aside the arrest and remand for an appellant in the light of the decision in Prabir Purkayastha v. State (2024), which held that supplying grounds of arrest in writing as prescribed under Section 50 of the Code of Criminal Procedure requires mandatory compliance, lest the arrest and remand will stands vitiated in the eyes of the law. A bench of Justices MM...

Art 311 Doesn't Mean Only Appointing Authority Can Initiate Disciplinary Action Against Govt Servant : Supreme Court

The Supreme Court reaffirmed that the appointing authority is not required to initiate disciplinary proceedings against a state employee. Referring to Article 311(1) of the Constitution, the Court clarified that while the appointing authority's approval is necessary for dismissal, it is not required for initiating disciplinary action.Holding so, the bench of Justice Dipankar Datta and...

Supreme Court Weekly Round-up: March 17, 2025 To March 24, 2025

Nominal IndexCitationsJoyi Kitty Joseph v. Union of India & Ors. 2025 LiveLaw (SC) 298Gyanendra Singh @ Raja Singh v. State of U.P. 2025 LiveLaw (SC) 299State of Rajasthan v. Indraj Singh 2025 LiveLaw (SC) 300V Ravikumar v. S Kumar 2025 LiveLaw (SC) 301Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition (Civil) No. 132/2016 2025 LiveLaw (SC) 302Union Territory of...