Order Passed On Oral Consent Given By Counsel Can't Be Reviewed On Ground That There Was No Written Consent : Supreme Court

The Supreme Court on Monday (January 20) emphasized that all constitutional courts in India accept oral statements made by counsels on behalf of parties, and an order cannot be reviewed solely on the ground that consent was not provided in writing.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan set aside an order of the Calcutta High Court that allowed a review petition in a...

Supreme Court Sets Aside Excise Duty Demand On Oil Marketing Companies For Inter-Supply Of Petroleum Products

In a significant relief for Oil Marketing Companies (OMCs), the Supreme Court ruled (Jan. 20) that prices under the MoU for inter-supply of petroleum products, designed to ensure smooth nationwide distribution, do not constitute "transaction value" and are exempt from excise duty due to their non-commercial nature. The Court emphasised that the inter-supply arrangement was not solely...

'Punjab Officials Stooped So Low' : Supreme Court Finds Disciplinary Punishment Against Doctor Vengeful, Sets Aside Penalty

The Supreme Court on Monday (January 20) granted relief to a retired Senior Medical Officer who was in service of the Punjab Government, by setting aside the order of penalty imposed on him in a disciplinary proceeding.The Court observed that the disciplinary proceedings were nothing but a ruse to wreak vengeance against the appellant for having dragged high officials of the Government of...

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court

Highlighting that substantive justice outweighs procedural irregularities, the Supreme Court recently upheld the conviction of an individual for possessing contraband, rejecting his plea for acquittal based on alleged non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). The Court observed that mere non-compliance with Section 52A would...

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court

The Supreme Court has deprecated the practice of police arresting an accused, who was not arrested during investigation after the Court has taken cognizance of the chargesheet.When the Court was informed that such a practice was being followed by the Uttar Pradesh police, it expressed surprise, terming the practice "unusual" . The Court said that such a practice does not make any sense.A...

Higher Court's Order Becomes Final, Trial Court's Order Gets Merged With It : Supreme Court Explains Doctrine Of Merger

Observing that there cannot be more than one decree or operative order governing the same subject matter at a given point in time, the Supreme Court explained the effect of merging the trial court's decree with that of the decree passed by the High Court in the second appeals. The doctrine speaks that once the superior court disposes of a case, whether by setting aside, modifying, or...

High Court Judgment Cannot Be Declared Illegal Under Article 32 Of Constitution : Supreme Court

The Supreme Court held that a High Court judgment cannot be declared illegal under Article 32 of the Constitution. The Court added that if petitioners are aggrieved by the impugned judgment for not being heard, they can either pray for its recall or challenge the same through a special leave petition.“In our considered opinion, under Article 32 of the Constitution, the judgment of the...

Bodily Injuries Not Necessary To Prove Sexual Assault; Victims Respond To Trauma In Different Ways : Supreme Court

The Supreme Court (on January 16) reiterated that bodily injuries are not necessary to prove sexual assault. It is a common myth that sexual assault must leave injuries., the Court said. Elaborating, the Court explained that victims react to trauma in different ways and it is not just to expect a uniform reaction."We must caution that bodily injuries are not necessary to prove sexual assault...

Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit : Supreme Court

The Supreme Court observed that when the plaintiff couldn't seek the required relief in the first suit, Order II Rule 2 CPC would not bar him from seeking such relief made available to him by happening of an event, by filing a subsequent suit.“when it is not possible for the plaintiff to obtain a particular relief in the first instance but such relief becomes available to him on the...

S. 100 CPC | High Courts Cannot Pass Interim Order In Second Appeal Without Framing Substantial Question Of Law : Supreme Court

Observing that a second appeal under Section 100 CPC cannot proceed without framing substantial questions of law, the Supreme Court set aside the Andhra Pradesh High Court's order which granted an interim relief in the plaintiff's favor without framing a 'substantial question of law'.The bench comprising Justices JB Pardiwala and R Mahadevan was hearing an appeal on the question whether the...

Agreement For Sale Doesn't Transfer Title Or Create Interest In Property : Supreme Court

The Supreme Court has reaffirmed that mere possession of a property under an agreement to sell does not confer ownership unless a sale deed is duly registered under the Indian Registration Act, 1908. “It is well settled that an agreement for sale in respect of an immovable property does not transfer title in favour of the purchaser under the agreement. In view of Section 54 of the Transfer...

[S.34 IPC] Common Intention And Pre-Meeting Of Minds Can Take Place At The Spur Of Moment: Supreme Court

The Supreme Court (on January 09) observed that common intention and pre-meeting of minds can occur at the spur of the moment during an incident, thus attracting Section 34 of the Indian Penal Code.In the present case, a property dispute led to a fight between the complainant and the accused persons. As per the prosecution's case, when the complainant was trying to settle the matter with...