Supreme court
S. 239 CrPC | Discharge Must Be Based On Prosecution's Materials, Not On Defence Materials : Supreme Court
The Supreme Court recently set aside an order discharging the accused under Section 239 Cr.P.C., noting that the discharge was based on materials submitted by the defense instead of relying on the prosecution's evidence. Holding that it is impermissible under the law to rely on the defence materials at the stage of deciding the plea for discharge under Section 239 Cr.P.C., the bench...
Supreme Court Sets Aside HC Direction To Recognise Kakiho Village, Directs Nagaland Govt To Hear Public Objections Again
The Supreme Court on May 23 ordered a fresh issuance of the process for the initiation of recognition of the Kakiho Village by the Nagaland State Government. In this case, the Court set aside the Gauhati High Court's order which had directed the State Government to recognise Kakiho Village within 3 months on the ground that the requirements laid down in the two official memoranda of the...
Supreme Court Affirms Adani Power's Entitlement For Compensation Due To Change In Law; Dismisses JVVNL Appeal
The Supreme Court has recently affirmed that power generators are entitled to claim compensation and Late Payment Surcharge (LPS)-based carrying costs under Power Purchase Agreements (PPAs) for cost escalations resulting from regulatory changes. Holding thus, the bench of Justices M.M. Sundresh and Rajesh Bindal heard the case where the dispute centred around a Power Purchase...
Order VII Rule 11 CPC | Plaint Cannot Be Rejected Just Because One Relief Is Barred If There's Another Cause Of Action : Supreme Court
The Supreme Court held that a plaint cannot be dismissed in its entirety merely because one of the reliefs sought is legally untenable, provided that other reliefs are maintainable and arise from independent causes of action. The Court clarified that when deciding an application for rejection of a plaint under Order VII Rule 11 of the Civil Procedure Code (CPC), it is not permissible...
Air Force School Not A 'State' Under Article 12; Teachers' Writ Petitions Against Dismissals Not Maintainable: Supreme Court
The Supreme Court dismissed appeals against Allahabad High Court judgments holding that the Air Force School in Bamrauli, Allahabad, is not a “State” or “authority” under Article 12 of the Constitution, and writ petitions against it by its employees are not maintainable under Article 226 of the Constitution.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanatullah(dissenting)...