Supreme court
Motor Accident Claim | Tractor's Insurer Liable For Death Of Passenger In Trailer Due To Tractor's Negligence : Supreme Court
The Supreme Court today (May 5) ruled that if an insured tractor causes an accident involving an uninsured trailer, the insurer remains liable.The Court said that if the accident was not due to any independent fault of the trailer but occurred during its movement with the tractor, then the insurer cannot shy away from its liability towards the third-party liability. Holding thus, the bench...
'Reasonable Accommodation Not Charity But Fundamental Right' : Supreme Allows AIIMS Admission For Candidate With Disability
The Supreme Court recently passed an order directing an allotment of a seat in the MBBS UG Course 2025-26 against the 'Scheduled Castes Persons with Benchmark Disability' quota in the All-India Institute of Medical Science, New Delhi, for a candidate suffering from congenital absence of multiple fingers in both hands as well as the involvement of left foot."Manifestly, in view of the...
Electricity Act | Cross-Subsidy Surcharge Based On Prevailing Tariff Rates Valid Even If Decided Separately : Supreme Court
In a major development concerning the discoms, the Supreme Court recently noted that while the determination of the Cross-Subsidy Surcharge (CSS) should be consistent with the applicable tariff rates for the relevant financial year, it is not essential for the CSS to be determined alongside the tariff rates determination. Holding thus, the bench comprising Justices Abhay S. Oka and A.G....
In Direct Recruitment Through Exam, Seniority Must Be Based On Marks & Not Past Service : Supreme Court
The Supreme Court recently invalidated a Tamil Nadu government order that gave in-service candidates seniority over open market recruits, despite the latter scoring higher marks in the selection exams. The Court emphasized that seniority should be based on performance in the exams rather than unrelated factors such as prior in-service experience. The Court reiterated that once an appointment...
Initiating Second Foreigners Tribunal Case Against Person Already Declared Indian Is Abuse Of Process: Supreme Court
The Supreme Court set aside a Gauhati High Court order which had refused to quash a case before the Foreigners Tribunal, holding that the subsequent proceeding against the appellant was barred by the principle of res judicata, as she had already been declared not to be a foreigner in an earlier case.A bench of Justice Manoj Misra and Justice K.V. Viswanathan held –“Once it is not in...
If Courts Can Only Set Aside Awards & Can't Modify Them, Parties Will Be Forced To Undergo Fresh Round Of Arbitration : Supreme Court
The Supreme Court recently held that in order to ensure efficient dispute resolution and uphold the objectives of the Arbitration and Conciliation Act 1996, the Court should be allowed to modify awards when parties challenge the tribunal's decision. The decision was rendered by a Constitutional Bench led by CJI Sanjiv Khanna comprising Justices BR Gavai,Sanjay Kumar, AG Masih and KV...
PC Act | Mere Recovery Of Tainted Currency Notes Not Enough To Convict Public Servant Without Proof Of Bribery Demand: Supreme Court
While holding that stamp vendors qualify as 'public servants' for invoking the Prevention of Corruption Act proceedings against them, the Supreme Court clarified that mere recovery of tainted money is not sufficient to establish guilt under the Act unless the demand for such money is also proven. The Court said that mere acceptance of illegal gratification without proof of offer by...
Explained| Why Supreme Court Set Aside JSW's Resolution Plan For Bhushan Steel & Power Ltd
The Supreme Court in its recent decision to set aside the Resolution Plan submitted by JSW Steel for Bhushan Steel and Power Ltd, flagged the various procedural non-compliances done by the Resolution Professional and lack of commercial wisdom exercised by the Committee of Creditors (Coc)Holding that the Resolution Plan of JSW was illegal and contrary to the provisions of the Insolvency...
S.22 Specific Relief Act | Refund Of Advance Payment Cannot Be Granted Without Specific Prayer In Plaint : Supreme Court
The Supreme Court clarified that a relief of refund for an 'advance payment' as part of the sale consideration cannot be allowed unless a prayer seeking such a relief was included in the plaint. The Court said that it would be impermissible for the Court to suo moto grant such a relief if not included in the plaint. The Court asserted that by way of an amendment to the pleadings, which can...
'Where Did Mahatma Gandhi Start Salt Satyagraha?': Supreme Court Slams UP PSC For Giving Ambiguous Answers, Orders Re-Evaluation
The Supreme Court has ordered the Uttar Pradesh Subordinate Services Selection Commission (UPSSSC) to re-evaluate the answer sheets for the 2021–2022 Revenue Lekhpal examination, citing ambiguity in certain questions and answer keys that affected the outcomes for over 8,000 candidates competing for 8,085 vacancies. In doing so, the bench comprising Justices Sudhanshu Dhulia and K...
'Creating Fake Order Is Contempt Of Court' : Supreme Court Upholds Conviction Of Litigant Who Forged HC Order
The Supreme Court upheld the conviction of a litigant for criminal contempt for forging an order of the High Court to secure a stay on the execution of a decree in a suit related to the recovery of possession and rent from the litigant. The bench comprising Justices Sudhanshu Dhulia and Prashant Kumar Mishra heard the case where the appellant forged three interim orders and presented them...