Supreme court
'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...
Courts Have Duty To Direct Executive To Review Working Of Statutes & Audit Statutory Impact : Supreme Court
The Supreme Court has held that auditing and assessing the implementation of a statute is an integral part of the Rule of Law. The Court stated that the judiciary has both the power and the duty to direct the executive to conduct a performance audit of laws to ensure that their objectives are being met.However, such a direction should be based on a finding that the statute has,...
Forfeiture Of 'Earnest Money' Is Not Penal In Ordinary Sense So As To Apply Section 74 Contract Act : Supreme Court
The Supreme Court today (May 2) upheld the forfeiture of earnest money deposited as part of the Advance Sale Agreement by the purchaser with the seller upon the purchaser's failure to pay the balance consideration amount. The Court rejected the purchaser's argument that there cannot be a forfeiture of the earnest money deposited with the seller. Instead, it said that Rs. 20 lakhs paid by...
Supreme Court Criticises Arbitration Bill 2024 For Not Recognising Power To Implead Non-Signatories, Urges Union To Make Changes
The Supreme Court today (May 2) expressed its dissatisfaction with the continued absence of explicit statutory recognition for the power of arbitral tribunals to implead or join non-signatory parties. The Court noted with concern that, despite earlier omissions in the Arbitration and Conciliation Act, 1996, the newly proposed Arbitration and Conciliation Bill, 2024, which seeks to overhaul...
Stamp Vendors Are 'Public Servants' Under Prevention Of Corruption Act; Liable For Bribery Over Stamp Paper Sale : Supreme Court
In a notable judgment, the Supreme Court on Friday (May 2) held that stamp vendors fall within the definition of "public servants" under the Prevention of Corruption Act, 1988 and hence, can be proceeded under the PC Act for the corrupt practices.The Court held that it was the nature of the duty being discharged by a person which assumes paramount importance when determining whether such a...
RP Act | Supreme Court Refuses To Interfere With HC View That S.81 Limitation Can't Be Satisfied By Presenting Defective Election Petition
In an election dispute, the Supreme Court today upheld a view taken by the Gujarat High Court that mere "presentation" of a defective election petition, without removal of defects within the limitation period of 45 days, is not satisfactory compliance of Section 81 of the Representation of the People Act, 1951.A bench of Justices Surya Kant and N Kotiswar Singh passed the order in a...
Subsequent Purchaser, Though Not 'Necessary Party' In Specific Performance Suit, Can Be Impleaded As 'Proper Party' : Supreme Court
The Supreme Court recently ruled that in a suit for specific performance of an agreement to sell, a subsequent purchaser may not be a 'necessary party' but can be a 'proper party' if their rights are affected by the adjudication of the dispute. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the Appellant (who was stranger to the suit) sought impleadment...
Supreme Court Mandates Its Prior Permission For Tree Felling Within 5 Kms Of Taj Mahal, No Blanket Exemption For Private Land
The Supreme Court has held that its 2015 direction requiring prior permission of the Court for tree felling in Taj Trapezium Zone will continue to apply for felling of any tree within aerial distance of 5 kms of Taj Mahal. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order in the MC Mehta case concerning tree cutting and other environment issues in the protected...
Gang Rape | Penetrative Act By One Can Implicate All If There's Common Intention; Need Not Prove Rape By All : Supreme Court
The Supreme Court upheld the convictions of the accused individuals found guilty of gang rape, rejecting their argument that they had not personally committed any act of penetration. The Court clarified that under Explanation 1 to Section 376(2)(g) of the Indian Penal Code, if a penetrative act is carried out by even one person, all others sharing a common intention can also be held liable...
Church Of South India Dispute : Supreme Court Holds Election Of Dharmaraj Rasalam As CSI Moderator Illegal, Freezes Amendments
In relation to the dispute concerning the Church of South India (CSI), the Supreme Court on Friday (May 2) held that the election of Bishop Dharmaraj Rasalam as the Moderator of the CSI Church in the elections held in 2020 was illegal.The Court also ordered that the resolution passed by the Synod in its Special Meeting held on 07.03.2022 approving the amendments related to the age of Bishops...
