Supreme court
SARFAESI | Auction Sale Can Be Cancelled Only If Purchaser Defaults In Payment Of Balance Amount : Supreme Court
In a matter arising out of IDBI Bank's cancellation of an auction purchase, the Supreme Court recently held that an auctioneer cannot refuse to issue sale certificate if the auction purchaser has not defaulted in offering to deposit the balance auction amount. “reason for the non-issuance of the sale certificate is solely attributable to the appellant-Bank and that there were no...
'Royalty' Imposed By Municipal Corporation For Putting Hoardings/Advertisement Can't Be Termed 'Tax' : Supreme Court
The Supreme Court today (Oct. 16) observed that the 'royalty' imposed by the Municipal Corporation on the advertising companies for putting up hoardings/advertisements could not be termed as 'tax'. The bench comprising Justices Vikram Nath and Ahsanuddin Amanullah set aside the Patna High Court's Division Bench decision which directed the Patna Municipal Corporation to refund the...
'Role Limited To Signing' : Supreme Court Upholds Discharge Of Ex-Central Bank Chairman In Corruption Case Over Credit Facility Misuse
The Supreme Court today (October 16) upheld the discharge of the former Chairman and Managing Director of the Central Bank of India from a cheating and corruption case for allegedly causing undue loss of over Rs. 436 Crores to the bank by hastily approving a loan.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan dismissed an appeal filed by the CBI challenging the judgment of the Gujarat...
Supreme Court Upholds Conviction Of Father For Pregnant Daughter's Murder Over Inter-Caste Marriage, Commutes Death Sentence
The Supreme Court today upheld the conviction of the father who committed the gruesome daylight murder of his pregnant daughter also leading to the death of the child in the womb. While holding so, the bench comprising Justices BR Gavai, Aravind Kumar, and KV Viswanathan rejected the appellant's/father's contention that the non-examination of the independent witnesses by the prosecution...
Motor Accident Claims | Duty Of Court To Assess Fair Compensation Not Limited By Claimant's Rough Calculation: Supreme Court
The Supreme Court on October 15 held that the amount of compensation claimed is not a bar to the Motor Accident Claims Tribunal and High Court awarding more than what is claimed, provided it is found to be "just and reasonable."It added that the court has a duty to calculate fair compensation, as held in Meena Devi vs. Nunu Chand Mahto (2022)."It is a settled proportion of law, that the amount...
Supreme Court Affirms Bail Granted To Kashmir Journalist Fahad Shah, But Holds HC Judgment On UAPA Wrong
The Supreme Court on Monday (October 14) declared as bad in law the judgment of the Jammu and Kashmir and Ladakh High Court which held that an accused can be granted bail under the Unlawful Activities (Prevention) Act 1967 if he does not present any "clear and present danger" to the society.The High Court judgment, which granted bail to Kashmir-based news journalist Peerzada Shah Fahad, also...
Government Employee Can't Refuse To Join New Place Of Posting While Contesting Transfer : Supreme Court
The Supreme Court recently condemned frequent instances of transferred employees not joining new places of posting while legal or administrative challenges to their transfer are underway."It is not uncommon to see employees who challenge such orders of transfer before various forums, extending the litigation to several years, while choosing to not join the service and still seeking full...
Government And Private Sector Should Focus On How To Accommodate, Not Disqualify, Candidates With Disabilities: Supreme Court
The Supreme Court on Tuesday (October 15) stressed that the focus of the government, regulatory bodies, and the private sector should be on how to accommodate and provide opportunities for candidates with disabilities, rather than seeking ways to disqualify them or hinder their educational goals.“The approach of the Government, instrumentalities of States, regulatory bodies and for that...
Perplexed At Life Convict Given Remission After 2.5 Years Imprisonment, Supreme Court Seeks UP Authorities' Explanation
While setting aside an order for the premature release of a life convict having spent only 2 years, 5 months and 12 days of imprisonment, the Supreme Court recently took a strong view against the Uttar Pradesh jail authorities for recommending his name for remission despite the State's remission policy mandating 14 years of imprisonment before a life convict could be considered eligible...
On Transfer Of Judge Who Convicted, No Need For Fresh Hearing On Conviction; New Judge Need Hear Only On Sentence: Supreme Court
In a case where the Trial Judge was transferred after pronouncing a judgment of conviction but prior to passing of the order on sentence, the Supreme Court recently held that the new Judge was not required to hear the case afresh on the point of conviction/acquittal. A hearing on the quantum of sentence alone remained to be afforded for compliance with Section 235 CrPC."The contention of...
Supreme Court Lauds Achievements Of Persons With Disabilities In Judgment Allowing Medical Education For Candidate With Disability
In its landmark judgment holding that the mere existence of a physical disability should not be a ground to disbar a candidate from medical education, the Supreme Court named several individuals who achieved great accomplishments despite their disabilities.The bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan allowed the plea of a student with 40-45% speech and...