Supreme court
IBC | Supreme Court Accepts Apology Of Tax Authorities For Asking Successful Resolution Applicant To Pay Dues Not Covered By Approved Plan
Giving the benefit of doubt and accepting their unconditional apology, the Supreme Court today disposed of a contempt petition filed against Chhattisgarh tax authorities for raising demand notices against a successful resolution applicant over claims in respect of a period prior to the approval of the resolution plan."we have no hesitation in holding that the demands raised by...
Homebuyer Cannot Be Forced To Accept Possession Of Flat After Long Delay, Entitled To Refund : Supreme Court
The Supreme Court reaffirmed that homebuyers cannot be forced to accept possession of a property after an undue delay and are entitled to a refund if the unit is not delivered within the agreed timeframe. The bench comprising Justices JK Maheshwari and Aravind Kumar heard the case which revolves around a homebuyer's right to refund when a developer fails to deliver possession of a flat within...
KWA Service | Once Appointed As Assistant Engineer, Right To Opt For Degree Or Diploma Quota For Promotion Remains Open: Supreme Court
The Supreme Court set aside the Kerala High Court's ruling on a seniority dispute between Kerala Water Authority's 'directly recruited' and 'promoted' Assistant Engineers. The Court held that Kerala Public Health Engineering Subordinate Service Rules, 1966 (Subordinate Service Rules) and Kerala Public Health Engineering Service Special Rules, 1960 (Special Rules) govern completely...
Supreme Court Sets Aside 'Moratorium' Of 1 Year Imposed By High Court To Apply For Bail Afresh
Today, the Supreme Court set aside a condition imposed by the Patna High Court wherein, while denying bail to a petitioner, the High Court stated that the accused can only seek bail afresh after one year of the framing of the charges.The Court observed that the High Court could not have imposed a "moratorium of one year" for moving fresh bail application.Modifying the High Court's order, a...
No Absolute Rule That HC Cannot Interfere In S.482 CrPC Petition If Investigation Is At Preliminary Stage : Supreme Court
The Supreme Court recently held that there is no absolute rule that the High Court cannot interfere in a Section 482 CrPC petition if the investigation is at a primary stage. The bench of Justice AS Oka and Justice Ujjal Bhuyan was deciding a challenge to the order of the Madras High Court, which refused to quash the FIR registered against the petitioner under the offence of misappropriation...
PC Act | 'Validity Of Sanction Must Be Decided In Trial' : Supreme Court Criticises HC Order Quashing Case Under S.482 CrPC
The Supreme Court on Wednesday (March 26) overturned the Madras High Court's decision, which quashed a disproportionate assets case against a bureaucrat at the pre-trial stage after noting there were "bleak conviction prospects" and "invalid sanction” to prosecute the bureaucrat. The bench of Justices PS Narasimha and Manoj Misra held that the High Court acted improperly by conducting...
Land Acquisition |Large Areas Don't Get Same Price As Small Plots; Some Deduction Permissible Due To Largeness : Supreme Court
Observing that large areas do not attract the same prices as that of smaller areas of land, the Supreme Court recently justified the 10% deduction in market rates of the land on account of largeness in area while determining the compensation in a land acquisition proceeding. “It is also a settled principle of law that large areas do not attract the same price as is offered for the small...
When Can Relief Be Moulded In A Suit? Supreme Court Explains
The Supreme Court stated that if the relief sought in a suit cannot be granted, or if granting an alternative relief can expedite litigation, the Court has the authority to "mould the relief" instead of dismissing the suit.“The concept of moulding of relief refers to the ability of a court to modify or shape a relief sought by a party in a legal proceeding based on the circumstances of the...
Misleading Medical Ads | Supreme Court Directs States To Appoint Officers To Enforce Drugs & Magic Remedies (Objectionable Advertisements) Act
The Supreme Court on Wednesday (March 26) passed a slew of directions to state governments for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act), which prohibits the publication of misleading advertisements regarding medical cures.The Court lamented the poor implementation of the Act, which was enacted seventy years ago."The 1954...
No Presumption Of Negligence Merely Because Driver Had Only Learner's Licence : Supreme Court
The Supreme Court observed that driving with a learner's licence would not give rise to a presumption of contributory negligence in motor accident claims. The Court added that the compensation cannot be declined/reduced because the driver involved in the accident had only a learner's licence.The bench comprising Justices Sudhanshu Dhulia and K Vinod Chandran heard the case where the Appellant...