Supreme court
'Honour Killing Ugly Reality Of Caste Structure, Must Get Strong Punishment' : Supreme Court Upholds Convictions In Kannagi-Murugesan Case
The Supreme Court on Monday (April 28) confirmed the convictions in the 'Kannagi-Murugesan' honour killing case from Tamil Nadu.A bench comprising Justice Sudhanshu Dhulia and Justice PK Mishra dismissed the appeals filed by nine convicts challenging the Madras High Court's 2022 judgment, which upheld their life sentence. The Court also dismissed the appeals filed by two policemen for...
Economic Offences Stand On Different Footing, High Courts Should Be Cautious While Quashing Such FIRs At Early Stage : Supreme Court
The Supreme Court recently refused to quash an FIR against a company's director for their alleged involvement in the economic offences, noting that the High Court erred in quashing the case despite being apprised with a factum aspect that the directors of the company, established certain dummy/shell companies and the monetary transaction were circulated to these shell/dummy companies. The...
Arbitral Award For Claims Not Included In IBC Resolution Plan Can't Be Enforced: Supreme Court
The Supreme Court recently allowed an appeal challenging the enforcement of an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) against Electrosteel Steels Ltd., holding that the award was non-executable in view of the resolution plan approved under Section 31 of the Insolvency and Bankruptcy Code (IBC), 2016.“we have no hesitation to hold that upon...
Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes
The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction...
Supreme Court Seeks Affidavits From States/UTs On Compliance With Directions To Enforce POSH Act
The Supreme Court recently passed an order seeking follow-up affidavits from the Union, States and the Union Territories in regards to its comprehensive directions for effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) passed last year on December 3.The directions, passed by a bench of Justices BV Nagarathna and...
Order 43 Rule 1A Doesn't Create Independent Appeal; Party To Suit Cannot Directly Appeal Against Compromise Decree : Supreme Court
The Supreme Court recently ruled that a party to a compromise decree cannot directly challenge the compromise before the Appellate Court without first approaching the trial court. “If a person was already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the proviso to Order XXIII Rule 3 and ask...
Dismissal Of Suit For Default Doesn't Bar Fresh Suit On Same Cause Of Action : Supreme Court
The Supreme Court recently held that the dismissal of a suit or application for default under Rules 2 or 3 of Order IX of the CPC does not prevent the filing of a fresh suit, as such dismissal does not constitute a judgment or decree, and therefore, the principle of res judicata does not apply. “It is, therefore, clear that an order of dismissal of a suit or application in default under...
Govt Has Every Right To Cancel & Call Fresh Tender; Scope Of Judicial Review Limited : Supreme Court
The Supreme Court today (April 25) reiterated that the judicial interference in tender matters should be minimal and only permitted in cases of mala fide or blatant arbitrariness. Holding thus, the bench comprising Justices Bela M Trivedi and Prasanna B Varale set aside the Kerala High Court's decision which had interfered with the tendering process.The dispute arose after the Kerala...
FIRs Can Continue Against Borrowers Despite Setting Aside Of Their Loans' Classification As Fraudulent : Supreme Court
The Supreme Court today held that merely because the classification of bank accounts as fraudulent was set aside on technical grounds, the criminal proceedings and FIRs initiated against the account holders for the offence of fraud cannot be quashed.Observing so, the Court restored various criminal proceedings initiated by the Banks against borrowers.The bench of Justice MM Sundresh and...
Misguiding Court To Pass An Order With No Intention To Comply Amounts To Contempt Of Court : Supreme Court
The Supreme Court held a man guilty of civil contempt after observing that he had misled the court to obtain an order that he never intended to comply with. “A party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court.”, the bench comprising Justices Abhay S....
Time-Barred Service Dispute Can't Be Revived By Making A Belated Representation: Supreme Court
The Supreme Court held that a time-barred service dispute cannot be brought within the limitation period as per the Administrative Tribunals Act by filing a belated representation.When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach the...
Supreme Court Quashes Criminal Case Against HDFC Bank Official Over Auction Sale
The Supreme Court recently quashed a criminal case against an official of the HDFC Bank, after noting that he was not the "authorised officer" when the auction sale in question was held.The criminal case, alleging the offences of cheating and forgery, was filed in Tamil Nadu over the allegation that the Bank had sold in auction a property which was previously acquired by the Tamil Nadu...