Supreme court
Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud (underlying the challenged sale deed) is acquired, and not the date of registration."While the High Court came to the correct conclusion that under Article 59 of...
Supreme Court Sets Aside Awards Of Over Rs 46 Lakhs Passed Against UP Govt In Sham Arbitration Proceedings
The Supreme Court on Thursday (January 9) set aside two ex-parte arbitration awards on grounds of fraud played by the litigant who appointed sole arbitrators and conducted 'sham' arbitration proceedings in a service dispute against U.P. Government and Government Hospital where he was employed. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing an appeal by the State of...
Motor Accident Claim | Loss Of One Eye's Vision Is 100% Functional Disability For A Diamond Cutter: Supreme Court Enhances Compensation
The Supreme Court recently enhanced the compensation for a diamond cutter, who lost the vision of one eye, due to a motor vehicle accident.The Bench of Justice Sanjay Karol and Justice Manmohan was deciding a petition preferred by the claimant-appellant, a diamond cutter by profession. Due to the alleged rashness and negligence of the auto rikshaw driver, he suffered a complete loss of vision...
Supreme Court Extends Benefit Of Probation Of Offenders Act To 70 Year Old Convict
The Supreme Court (today on January 09) invoked its inherent power to extend the benefit of the Probation of Offenders Act to an accused as the same was granted to another accused in a cross-case due to a settlement reached between the parties. The Court also took into account the fact that there were no previous antecedents or adverse material against the conduct of the present...
'Unauthorised Sale Of Railway Tickets Online Offence' : Supreme Court Restores Cases For Fraudulent IRCTC Site Use
The Supreme Court today (Jan.9) reinstated the proceedings initiated under Section 143 of the Railways Act, 1989 ("Act") against the accused, who had been involved in unauthorized activities by creating multiple user IDs to sell E-railway tickets. The bench of Justices Dipankar Datta and Prashant Kumar Mishra overturned the Kerala High Court's decision that had quashed the proceedings...
Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index
Adverse PossessionThe dispute involved the ownership and possession of land claimed by the respondents (plaintiffs) based on revenue records and challenged by the appellants (State of Haryana and PWD) on the grounds of adverse possession. The Supreme Court upheld the title of the plaintiffs, based on jamabandi entries, registered sale deeds, and mutation records, which carried a presumption...
Know The Law | When Does 'Right To Sue' Accrue In A Civil Case? Supreme Court Explains
The Supreme Court explained when does the 'right to sue' accrues in a civil case. It observed that the "right to sue" accrues when there is a cause of action that justifies legal action. This means the plaintiff has a substantive right to seek relief, and this right has been infringed or threatened by the defendant.Reference was drawn to the case of State of Punjab vs. Gurdev Singh, (1991) 4...
Drugs & Cosmetics Act | Power To Prohibit Drug Only With Central Govt; Trade Can't Be Restricted Without Notification U/S 26A : Supreme Court
The Supreme Court recently set aside the orders of the Allahabad High Court which upheld the decision of a District Magistrate in restricting the trade of 'aromatic tincture of cardamom' on grounds that it has a high level of alcohol content and therefore is a prohibited article under the Drugs & Cosmetics Act, 1940.A bench of Justices Vikram Nath and PB Varale held that the power to impose...
Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court
The Supreme Court (recently on January 02) reiterated that reduction in share capital is covered under Section 2(47) of the Income Tax Act, 1961, which talks about transfer of a capital asset. It explained that such reduction would be come under the expression “sale, exchange or relinquishment of the asset” used in the provision.For reference, the concerned portion of Section 2(47)...
Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court
The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. It added that the government is the best judge to decide how to utilise the services of an employee. Further, if an employee requests, the government may post that employee as per the request. However, such transfer will not be in public interest as the same is based on...
Improper Rejection Of Juvenility Claim Even In SC's Curative Jurisdiction Not Final; Fresh Plea Can Be Raised : Supreme Court
The Supreme Court has held that a plea of juvenility, which was not properly considered by Courts as per due procedure, cannot be treated as final. Therefore, a fresh plea of juvenility can be raised when the plea of juvenility was improperly adjudicated upon in the previous rounds.For context, plea of juvenility is a plea raised by accused/convicts that they were minors at the time of...
Indian Stamp Act | Registering Authority Cannot Mechanically Refer Sale Deed To Collector, Prima Facie Finding On Undervaluation Needed : Supreme Court
The Supreme Court recently observed that in case of undervaluation of property sale's price, the Registering Authority under the Indian Stamp Act, 1899 cannot mechanically make reference to the Collector (stamps) for determination of the correct market value of the property. Instead, an opportunity is to be provided to the party, and reasons have to be furnished by the Registering Authority...