Suit For Specific Performance Doesn't End With Passing Of Decree; Court Retains Power To Annul Decree Or Extend Time : Supreme Court

The Supreme Court (on January 17), observed that a suit for specific performance does not conclude after the passing of a decree and that the court retains its control even after the decree is passed. The Bench of Justices JB Pardiwala and R Mahadevan also said that the court's power under Section 28 of the Specific Relief Act is discretionary. For reference, this provision provides that after...

Lack Of Territorial Jurisdiction No Ground To Transfer Complaint, Raise Objection Before Magistrate : Supreme Court

The Supreme Court today (January 21) dismissed a petition seeking transfer of various cheque dishonour complaints against the petitioner observing that the lack of territorial jurisdiction of court in which complaint is filed cannot be a ground to transfer the complaint to another court.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan dismissed a petition seeking transfer of 22...

Though Notice On Petition Was Issued On Limited Point, Court Can Later Hear Other Points : Supreme Court

The Supreme Court recently ruled that issuing a limited notice does not restrict its jurisdiction to address broader issues. If the petitioner highlights substantial legal questions or glaring errors, such as procedural lapses or flawed findings in the lower court's judgment, the Bench may examine those issues beyond the notice's initial scope. The Court observed as follows: “Justice could...

Supreme Court Directs Delhi's Defence Colony Welfare Association To Vacate Illegal Possession Of Lodhi-Era Tomb

The tomb, which was under the illegal occupation of the Association since 1963, has been directed to be restored by the Delhi Archaeological Dept.

Asking Son's Lover To End Life If She Can't Live Without Him Not Abetment Of Suicide : Supreme Court Quashes Case Against Mother

The Supreme Court today (Jan. 21) quashed a criminal case for the offence of abetment to suicide against a woman for asking her son's lover to end her life if she could not live without him. The bench comprising Justice BV Nagarathna and Justice SC Sharma was hearing the case arising out of the Calcutta High Court's decision refusing to quash the FIR under Sections 306 r/w 107 of the...

Frame Rules To Increase Posts Of District Judge (Selection Grade) & District Judge (Super Time Scale) In 3 Months : Supreme Court To States & HCs

The Supreme Court on Tuesday (January 21) directed the High Courts and State Governments to frame rules regarding the increase of posts of District Judges in the Selection Grade and Super Time Scale categories.A bench comprising Justice BR Gavai, Justice AG Masih and Justice KV Vinod Chandran noted that the recommendation of the Second National Judicial Pay Commission regarding District...

Record ACRs Of Judicial Officers Without Delay : Supreme Court To High Court Judges

The Supreme Court on Tuesday (January 21) urged the High Court judges to record the Annual Confidential Reports (ACRs) of judicial officers promptly so that they do not lose opportunities of promotion.The Court also urged the appellate committees of the High Courts to decide the representations made by judicial officers regarding ACRs at the earliest.A bench comprising Justice BR Gavai,...

Judicial Officers' Pay : Supreme Court Asks High Courts To Form Committees For Service Conditions Of District Judiciary Within 4 Weeks

The Court directed that the Committees should meet at regular intervals.

Serious Doubt About NGT's Jurisdiction To Direct Prosecution Under PMLA: Supreme Court

The Supreme Court recently expressed doubt over the National Green Tribunal's (NGT) jurisdiction to direct prosecution under the Prevention of Money Laundering Act, 2002 (PMLA).“There is a serious doubt about the jurisdiction of the NGT to direct prosecution of an individual under the PMLA. However, we are not going into this question, as the direction contained in paragraph 230 will have to...

Deoghar Airport Case : Supreme Court Affirms Quashing Of Jharkhand FIR Against BJP MPs, Asks Aircraft Act Authority To Decide On Filing Complaint

The Supreme Court on Tuesday (January 21) dismissed the appeals filed by the State of Jharkhand against the Jharkhand High Court's decision to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and other persons related to the 2022 Deoghar Airport incident.The Court however granted liberty to the State of Jharkhand to forward the materials collected by them during investigation to...

Supreme Court Weekly Round-Up: January 13, 2025 To January 19, 2025

Nominal IndexCitationsNational Insurance Company Ltd. v. Maya Devi and Others, Civil Appeal Nos. 15016-15017 of 2024 2025 LiveLaw (SC) 58Vijay Prabhu v. S.T. Lajapathie & Ors. 2025 LiveLaw (SC) 59State (GNCT of Delhi) v. Vipin @ Lalla 2025 LiveLaw (SC) 60Abdul Nassar v. State of Kerala 2025 LiveLaw (SC) 61State of Punjab v. Hari Kesh 2025 LiveLaw (SC) 62M/S Utkal Highways Engineers...

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles

The Supreme Court yesterday summarized the principles regarding Section 52A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) emphasizing its purpose of ensuring both the safe disposal of seized contraband and introducing procedural safeguards to maintain the integrity of the evidence. The bench comprising Justices JB Pardiwala and R Mahadevan summarized the principles...