Supreme court
S. 108 Electricity Act | State Electricity Regulatory Commission Not Bound By Directions Of State/Central Government : Supreme Court
The Supreme Court observed that the State Electricity Regulatory Commissions are not bound by the Central/State Government's directions issued under Section 108 of the Electricity Act, 2003 (“Act”). “We are in agreement with the judgment of APTEL insofar as it holds that the directive which was issued by the State government under Section 108 could not have displaced the...
Pendente Lite Transferee Being Stranger To Suit Can File Application Under Order XXI Rule 99 CPC Against Dispossession : Supreme Court
The Supreme Court observed that a pendente lite transferee, being a stranger to the suit, can file an application under Order 21 Rule 99 of Code of Civil Procedure, 1908 (“CPC”) against dispossession from the suit property. Order XXI Rule 99 CPC comes to the rescue of the person who being a stranger to the suit was dispossessed by the decree holder upon the execution of the decree. It...
Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course : Supreme Court
The Supreme Court on Tuesday (October 15) held that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board that that candidate is incapacitated from studying the MBBS course.Mere quantification of the disability will not disbar a candidate and the capacity to pursue the course has...
Limitation For Adverse Possession Starts From When Possession Becomes Adverse, Not From When Plaintiff Got Ownership : Supreme Court
The Supreme Court on Monday (Oct. 14) observed that the period of limitation to prove title by adverse possession would commence from the date of the defendant's possession becoming adverse and not from when the plaintiff acquires the right of ownership. The bench comprising Justices CT Ravikumar and Sanjay Kumar heard a matter where the defendant claimed an adverse possession over...
Sale Not A Contract; No Bar To Transfer Immovable Property To Minor : Supreme Court
The Supreme Court observed that there's no bar to transfer immovable property in favour of aminor by way of a sale deed.According to the Court, the minor can become the transferee/owner by way of a sale deed and the conditions stipulated under Section 11 of the Indian Contract Act, 1872 (persons competent to contract) would not come in the way of challenging the minor's capacity to...
Lawyer's Statement During Judicial Proceedings Protected By Privilege: Supreme Court Upholds Dismissal Of Defamation Suit Against Advocate
The Supreme Court today upheld the dismissal of a defamation suit filed against Senior Advocate Vikas Pahwa over a statement made by him in course of judicial proceedings at Patiala House Courts, Delhi on the briefing counsel's instructions.A bench of Justices Dipankar Datta and Sandeep Mehta passed the order, dealing with Indian businessman Pankaj Oswal's challenge to Delhi High...
S.52 TP Act | Once Transaction Is Hit By Lis Pendens, Bona Fide Purchase Or Lack Of Notice Of Agreement Not Defences : Supreme Court
The Supreme Court has reiterated that once a transaction is found to be hit by the doctrine of lis pendens, then the defences of being a bona fide purchaser and lack of notice regarding the sale agreement are not available.A bench comprising Justices Hrishikesh Roy and PK Mishra was hearing an appeal against a High Court judgment, which directed the specific performance of a sale...
'Art 29 Does Not Give Right To Claim TV Langauge Channel' : Supreme Court Dismisses Plea For Doordarshan Channel In Sindhi
The Supreme Court on Monday(October 14) dismissed a petition seeking to direct the Union Government and the Prasar Bharati to run a 24-hour Sindhi language Doordarshan TV channel to preserve the language and cultural heritage of the Sindhi community, a linguistic minority in India.The Court dismissed the petition filed by Sindhi Sangat observing that no citizen can make a claim based on...
Explained| Why Supreme Court Allowed Benefit Of TOLA In Extending Timelimits For Issuing Income Tax Reassessment Notices
The Supreme Court in its recent decision allowed the revenue authorities to issue notices for reassessment under the Income Tax Act for the period between 01.04.2021 and 30.06.2021 by granting the benefit of time extensions under Taxation and Other Laws (Relaxation and Amendment of Certain Provisions Act) (TOLA) 2021. Here is a detailed breakdown of the key issue involved and the analysis of...
Supreme Court Weekly Round-up: October 7, 2024 To October 13, 2024
→'Acknowledge Women's Struggles In Occupying Public Offices': Supreme Court Flags Discriminatory Attitude Towards Women RepresentativesMANISHA RAVINDRA PANPATIL VERSUS THE STATE OF MAHARASHTRA & ORS., 2024 LiveLaw (SC) 783While granting relief to a female Sarpach of a village who was disqualified on technical grounds, the Supreme Court raised concerns about the discriminatory...