Supreme Court Rejects State's Argument That It Has No Liability To Pay Retiral Benefits To Employee Of Aided Institution Whose Dismissal Was Set Aside

In a recent case, the Supreme Court rejected the Gujarat Government's argument that it has no liability to pay the Retiral Benefits to the employee of an aided educational institution whose dismissal was set aside. The Court ruled that the payment of the pensionary and retiral benefits to the employee of an aided private educational institution rests with the State Government, not the...

In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court

The Supreme Court observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963 (“SRA”). While holding so, the bench comprising Justice JB Pardiwala and Justice R Mahadevan explained two different...

Subsequent Purchaser Of Imported Vehicle Cannot Be Asked To Pay Customs Duty; Liability On Importer : Supreme Court

The Supreme Court ruled that the 'subsequent purchaser' of an imported motor car cannot be called an 'importer' to attract the liability under the Customs Act, 1962 to pay customs duty on the import of the vehicle. The bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh heard the appeal preferred by the subsequent purchaser of a Porsche Car against the High Court's...

Litigant Seeking To Condone Delay Must Explain Why Appeal Was Not Filed From First Day Within Limitation Period : Supreme Court

The Supreme Court has held that when a litigant applies to condone the delay in the filing of an appeal, then they should also explain why the appeal was not filed within the limitation period itself. In other words, an explanation of the delay from the period when the limitation ended is not sufficient. They have to explain why the appeal was not filed before the expiry of the...

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States

The Supreme Court has directed all States to fix liability on government officers who cause delay in the filing of appeals/cases on behalf of the government and thereby cause loss to the public exchequer.The Court observed that in many cases, he filing of appeals are elayed due to the failure to communicate the decisions to the higher authorities in time. Thus, appeals get dismissed by the...

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 of the Indian Penal Code, ...

Suit For Specific Performace Of Agreement To Sell To Be Filed In Court Having Jurisdiction Over Property : Supreme Court

The Supreme Court held that a suit for specific performance of an agreement to sell must be instituted in the Court within whose local jurisdiction the property -which is the subject of the agreement- was situated as per Section 16 of the Code of Civil Procedure, 1908.The Court rejected the argument that a specific performance decree can be enforced by the personal obedience of the defendant...

Supreme Court Awards Rs.5 Lakhs Honorarium To 83-Yr Old Ex-Constable Who Saved Lives By Killing Dacoit In 1986

The Supreme Court today awarded Rs.5 lakhs as honorarium to an 83-year-old retired Constable, who approached it seeking direction to UP authorities to act on his Gallantry Award recommendation. Reportedly, the retired cop saved members of public by killing a dacoit 38 years ago.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was dealing with petitioner-Ram Autar's challenge to...

Politically Charged Atmosphere In Bengal May Not Be Conducive For Fair Investigation: Supreme Court Allows BJP Leader's Plea For CBI Probe

The Supreme Court cited the politically charged environment in West Bengal as a significant factor while directing the transfer of investigations in criminal cases against West Bengal BJP leader Kabir Shankar Bose to the CBI to ensure a fair and impartial investigation.A bench of Justice BV Nagarathna and Justice Pankaj Mithal allowed Bose's plea alleging that false criminal charges were...

When Is An Order Passed By HC Single Bench In Contempt Jurisdiction Appealable Before DB? Supreme Court Explains

The Supreme Court recently held that an order passed by a single bench of the High Court declining to initiate proceedings for contempt, or initiating proceedings for contempt, or an order dropping the proceedings for contempt or an order acquitting or exonerating the contemnor, is appealable to the division bench under Section 19 of the Contempt of Courts Act, 1971. Such an order can...

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts."Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court...

S. 148 NI Act | Signatory Of Cheque Issued By Company Can't Be Directed To Pay Compensation For Suspension Of Sentence : Supreme Court

The Supreme Court recently reiterated that the official signatory of the company does not assume the status of a 'drawer of a cheque' to attract the liability for payment of compensation under Section 148 of the Negotiable Instruments Act, 1881 (“N.I. Act”). The Court clarified that liability for payment of compensation as well as deposit to suspend the sentence pending the appeal could...