Supreme court
Plaintiff Can Seek Declaration Of Title Without Seeking Cancellation Of Sale Deed Executed By Another Party : Supreme Court
The Supreme Court observed that a plaintiff seeking a declaration of title over a property is not required to specifically seek the cancellation of a sale deed executed by another party over the same property as per Section 31 of the Specific Relief Act, 1963 (“SRA”).The Court said that a declaration sought by a plaintiff as per Section 34 of the SRA would not become non-maintainable...
Probation Of Offenders Act | No Discretion To Deny Release Of Convict On Probation When Conditions Are Met : Supreme Court
The Supreme Court noted that when the provisions of the Probation of Offenders Act (“Act”) apply to a convict's release, the court has no discretion to disregard the possibility of granting probation. “Summing up the legal position, it can be said that while an offender cannot seek an order for grant of probation as a matter of right but having noticed the object that the...
Defendant Set Ex-Parte Can't Produce Evidence; Has Only Limited Right Of Cross-Examining Plaintiff : Supreme Court
The Supreme Court held that once a defendant is set ex parte, they are not entitled to present evidence in their defence; their only available recourse is to cross-examine the plaintiff's witness in an attempt to disprove the plaintiff's case. While reiterating that a defendant set ex-parte cannot lead evidence in their defence, the Court clarified that if a legal issue is raised in the...
SARFAESI Act | Appeal Against Every DRT Order Doesn't Require Pre-Deposit : Supreme Court
The Supreme Court recently expressed a prima facie view that appeals filed against procedural orders of the Debts Recovery Tribunal (DRT) do not require pre-deposit as per Section 18 (appeal to the appellate tribunal) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).The present appeal arises from the Bombay High...
Supreme Court Weekly Round-up: April 14, 2025 To April 20, 2025
Nominal Index [Citation 421 – 440]CitationsZulfiquar Haider & Anr. v. State of Uttar Pradesh & Ors. 2025 LiveLaw (SC) 421M/S. Parsvnath Film City Ltd. v. Chandigarh Administration & Others, Civil Appeal No. 6162 of 2016 (and connected case) 2025 LiveLaw (SC) 422Neha Enterprises v. Commissioner, Commercial Tax, Lucknow, Uttar Pradesh 2025 LiveLaw (SC) 423Pinki v. State of...
Supreme Court Opines That Salaries Of State & District Consumer Commission Members Should Be Uniform Across Country
The Supreme Court has observed that the salaries and allowances of Presidents and Members of District Consumer Commissions and members of and State Consumer Commissions across the country must, prima facie, be in line with the Consumer Protection (Salary, Allowances, and Conditions of Service of President and Members of the State Commission and District Commission) Model Rules,...
Supreme Court Rejects IAS Officer's Plea For Promotion To Chief Secretary Grade
The Supreme Court today (April 23) dismissed the plea of a Kerala cadre IAS Officer for promotion equivalent to the Chief Secretary Post.The bench of Justices P.S. Narasimha and Joymalya Bagchi declined to interfere with the Kerala High Court's decision, which denied his promotion on the ground that he did not meet the requirement of having 90% of his Annual Confidential Reports (ACRs)...
Order 41 Rule 31 CPC | Appellate Court Not Bound To Frame Points Of Determination When Not Raised In Appeal : Supreme Court
The Supreme Court recently held that an Appellate Court's failure to frame points of determination under Order 41 Rule 31 of the Civil Procedure Code, 1908 (“CPC”) does not invalidate its judgment, provided there is substantial compliance with the rule and the appellant has not raised any specific issues from the trial court's judgment that require reconsideration. “It is in...
Supreme Court Commutes Death Penalty Of Man Convicted For Killing Wife, Four Children; Cites Mental Health & Good Conduct In Jail
The Supreme Court today (April 22) commuted the death sentence of a man to life imprisonment who was convicted for killing his wife and four children. “considering the facts that the convict-appellant had no prior antecedents; good conduct for the past 16-17 years of incarceration; difficulties in mental health and consistent efforts at being a model prisoner, we find that the imposition...
High Courts Must Check S. 313 CrPC/S.351 BNSS Compliance At Earliest To Avoid Acquittals: Supreme Court
The Supreme Court today (April 22) flagged concern about the acquittal of the accused in cases where the prosecution's vital evidence is not presented to the accused to afford him an opportunity to explain the allegations labelled against him.To address this legal defect, the Court recommended that High Courts must adopt a proactive approach by checking compliance of Section 313 Cr.P.C. at...