Supreme court
Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief...
S.53A Transfer Of Property Act Protection Not Available If Person Entered Into Agreement Knowing About Pending Litigation : Supreme Court
The Supreme Court recently reaffirmed that protection under Section 53A of the Transfer of Property Act, 1882 (“TPA”), for a person possessing a property under part performance of a contract, is not available to a party who knowingly entered into the agreement despite being aware of pending litigation.The Court approved the view of the High Court that Section 53A of the Transfer of...
IBC | Once Resolution Plan Approved, Dues Not Part Of It Get Extinguished : Supreme Court Rejects Post-Resolution Income Tax Demand
The Supreme Court today (March 20) declined a claim raised by the Income Tax Department to include a tax demand in a Resolution Plan after it was approved by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (IBC).Citing the case of Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. (2021) 9 SCC 657, which held that all claims not...
Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156(3) of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154(1) and 154(3) of the CrPC.Under Section 154(1), a person must report the offence to the officer in charge of a police station, who is required to record it...
Magistrate Cannot Direct Police To Include Accused In Charge Sheet; Instead Issue Summons To Person Proposed To Be Added : Supreme Court
The Supreme Court recently observed that if a court intends to add a person as an accused, it cannot direct the police to include their name in the charge sheet. Instead, the court may ssue a summons to the proposed accused if sufficient grounds exist, even if they are not named in the charge sheet. The bench comprising Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra heard...
Land Acquired By Govt Cannot Be Transferred Back By Beneficiary To Original Owner Through Private Agreement : Supreme Court
The Supreme Court today (March 20) ruled that land acquired by the government through its sovereign power of eminent domain for public purposes cannot be transferred back to the original owner by the beneficiary of the acquisition through private agreements.A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard a case in which the Delhi Agricultural Marketing...
Supreme Court Criticises Anticipatory Bail Condition That Accused Should Be Arrested After Filing Of Chargesheet
The Supreme Court recently disapproved of the Patna High Court's anticipatory bail order which imposed a condition that upon filing of the charge sheet, the trial court shall take coercive steps against the applicant, including an arrest. The bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra called the imposition of such a condition to be unwarranted and instead, said...
Child Victim's Silence & Tears During Examination Alone Can't Benefit Rape Accused : Supreme Court Restores Conviction After 38 Years
The Supreme Court recently criticised a judgment of the Rajasthan High Court for setting aside the conviction of a person for rape of a minor girl only on the ground that the child victim, during the cross-examination, remained silent and only shed tears.The Supreme Court expressed surprise at the manner in which the High Court, through a 6-page order, set aside the well-considered judgment...
Advocate Has Duty To Be Present In Court During Hearing; AORs Shouldn't Be Mere 'Name Lenders' : Supreme Court
The Supreme Court observed that an advocate's right to appear in Court is coupled with the duty yo be present in the Court at the time of hearing.The Court also reiterated that Advocates-on-Record (AORs) should not be mere “name lenders” and should effectively participate in the proceedings."A right of an Advocate to appear for a party and to practice in the courts is coupled with the duty...
Senior Advocate Can't Appear In Supreme Court Without An AOR; Non-AORs Can Argue Only If Instructed By An AOR : Supreme Court
In a judgment dealing with the appearance of advocates, the Supreme Court has held that no advocate, other than the Advocate-on-Record for a party, can appear, plead and address the Court in a matter unless he is instructed by the AOR or permitted by the Court.The Court also held that a Senior Advocate shall not appear without an AOR in the Supreme Court.A bench of Justices Bela M. Trivedi...
If Parties Attempt To Obtain Order By Trick, Courts Can Impose Costs For Vexatious Litigation : Supreme Court
In a recent case, the Supreme Court criticized a litigant for filing multiple petitions before the High Court while concealing the dismissal of an earlier petition. Dismissing the appeal, the Court justified the imposition of costs, and increased the penalty to ₹50,000, emphasizing that such measures are essential to deter frivolous and vexatious litigation.If the parties misuse the process...