Supreme court
Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates
The Supreme Court recently reaffirmed that disputes falling exclusively within the jurisdiction of statutory authorities are not arbitrable.While holding so, the bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under...
Gift Deed Condition Requiring Donee To Give Perpetual Services Without Remuneration Is Forced Labour & Unconstitutional : Supreme Court
The Supreme Court has held that a gift deed which is conditioned upon perpetual rendering of services, without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional.A bench comprising Justice Sudhanshu Dhulia and Justice Prasanna B Varale while considering an oral gift deed of 1953, which had...
Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge.In this case, the wife killed herself after 12 years of marriage, following which her father filed a complaint under Section 498A and 306 IPC against...
Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old.The accident occurred in 2009 when a high-speed car, which was driven negligently, hit her when she was crossing a zebra-crossing with her mother and brother. As a result of...
Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. under business laws."the right to maintenance is commensurate to the right...
Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court
The Supreme Court reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962 (“SRA”) for claiming possession of suit property. The bench comprising Justices JB Pardiwala and R Mahadevan dismissed the civil appeal filed by the...
Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court
The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989.A bench of Justice BV Nagarathna and Justice Nongmeikapam Kotiswar Singh discharged a man from the charges alleged against him under the Scheduled...
S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court
The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 ("Act"), does not justify an acquittal unless it causes prejudice to the accused.A bench comprising Justices PS Narasimha and Manoj Misra was hearing a criminal appeal by the Central Bureau of Investigation (CBI) challenging the Punjab &...
ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court
The Supreme Court on Wednesday (December 11) held that while the Enforcement Directorate (ED) and its director can give instructions related to facts of a case to prosecutors, they cannot dictate the prosecutors' actions in court.“We may also note here that the Enforcement Directorate and its Director can give instructions to public prosecutors on facts of the case. However, the...
POSH Act | Inquiry Report Copy Must Be Given To Complainant; Supreme Court Imposes Penalty On BSF
The Supreme Court recently imposed a penalty of Rs. 25,000 on the Border Security Force (BSF) for failure to provide a copy of the inquiry report to a complainant who initiated proceedings against an officer under the the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act (POSH Act), 2013.The bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin...