Supreme court
Stay On Discharge Orders Should Not Be Granted Unless Circumstances Are Exceptional : Supreme Court
The Supreme Court on Friday (February 28) held that High Courts should not ordinarily stay the discharge orders passed by the trial courts in criminal cases."Stay on discharge should never be granted unless circumstances are exceptional," the Court stated.The Court further held that even when the appellate court invokes Section 390 CrPC to arrest an accused while considering an appeal...
Judgment Allowing Govt Employees To Claim Increment Earned A Day Before Retirement Applies Prospectively To Third Parties : Supreme Court Clarifies
The Supreme Court recently confirmed its interim clarifications made with respect to its decision The Director (Admn and HR) KPTCL & Others vs CP Mundinamani , which held that government employees are entitled to the increment which they earned on the previous day of their retirement.The Court clarified that the judgment in CP Mundinamani will apply to third parties from the date of...
S. 14 Partnership Act | Partner's Contribution Becomes Firm's Property, Legal Heirs Cannot Claim Ownership : Supreme Court
The Supreme Court on Thursday (February 27) observed that a contribution made by the partner to the partnership firm becomes the firm's property as per Section 14 of the Partnership Act, 1932 and neither the partner nor his legal heirs would have an exclusive right over the firm's property after the partner's death or retirement except the share in profit in proportion to the contribution made...
Power Of Attorney With Agreement To Sell Won't Create Agent's Interest In Property; Such GPA Gets Revoked On Principals' Death : Supreme Court
The Supreme Court ruled that a General Power of Attorney (“POA”) without an interest in favor of the agent becomes revocable upon the principal's death, terminating the agency. Additionally, even if an unregistered agreement to sell was executed alongside the POA, the agent cannot claim ownership, as an agreement to sell does not transfer title or ownership unless it is followed by...
'Customs Officers' Are Not 'Police Officers', Must Satisfy Higher Threshold Of 'Reasons To Believe' Before Arrest : Supreme Court
Dealing with a challenge to penal provisions of the Customs Act, the Supreme Court today observed that 'customs officers' are not 'police officers' and that they must satisfy a higher threshold of "reasons to believe" before arresting an accused.A bench of CJI Sanjiv Khanna and Justices MM Sundresh, Bela M Trivedi made the observation while delivering verdict in a batch of 279...
GST Act Arrest Can Be Made Without Final Determination Of Tax Liability If There's Sufficient Degree Of Certainty About Offence : Supreme Court
In its judgment dealing with the powers of arrest under the Goods and Services Tax (GST) Act and the Customs Act, the Supreme Court today held that crystallization of tax liability is not mandatory to carry out an arrest. In some cases, when there is sufficient degree of certainty that the amount of tax evaded constitutes an offence, the Commissioner may authorize arrest after...
MSME Act | Procurement Order 2012 Has Force Of Law, Authorities Subject To Judicial Review : Supreme Court
The Supreme Court recently (on February 25) held that the Procurement Order 2012 issued as per the Micro, Small and Medium Enterprises Development Act, 2006, has the force of law and is enforceable.The Court further held that while the MSME Act and the Procurement Order 2012 do not create an 'enforceable right' for an individual MSE, the statutory authorities and administrative bodies...
Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer...
Person Deprived Of Money Has Right To Be Compensated By Payment Of Interest : Supreme Court Explains Doctrine Of Restitution
The Supreme Court recently held that a person deprived of the use of money he was entitled to has the right to be compensated for the deprivation, in the form of interest. “Thus, when a person is deprived of the use of his money to which he is legitimately entitled, he has a right to be compensated for the deprivation which may be called interest or compensation. Interest is paid for...