Supreme court
DV Act |When Can Order Passed Under S.12 Be Modified/Altered Due To Change In Circumstances? Supreme Court Explains
The Supreme Court, in a recent judgment, has explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to seek the alteration, modification or revocation of an order passed by the Magistrate under Section 12 of the Act.The bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the scope of Section 25(2) of the Act is broad...
S. 37 Arbitration Act | An Award Can't Be Set Aside Merely Because Appellate Court's View Is A Better View : Supreme Court
The Supreme Court today (Sep. 27) observed that unless the arbitral award suffers from the illegality mentioned under Section 34 of the Arbitration & Conciliation Act, 1996 (“Act”), no award can be interfered with or set aside by the Appellate Courts under Section 37 of the Act. The bench comprising Justices PS Narasimha and Pankaj Mithal observed that the award cannot be set...
Supreme Court “Showing Magnanimity” Closes Contempt Proceedings Against UP Official For False Affidavit, Imposes Rs. 5 Lakh Cost On State
The Supreme Court on Friday (September 27) closed contempt proceedings against the former Principal Secretary of the Uttar Pradesh Prisons Administration Department for making false statement in his affidavit filed to explain delay in deciding remission plea of a convict.“We can go deep into the matter and fix the responsibility, but we are facing huge pendency of cases and therefore we do...
Such Litigants Have No Place In Court: Supreme Court Imposes Rs. 10 Lakh Fine On Litigant Company For Suppression of Facts
The Supreme Court on Friday (September 27) came down heavily on a litigant for suppressing material facts in its two appeals and filing affidavits that sought to justify such suppression.A bench of Justice Abhay S Oka and Justice Augustine George Masih imposed a fine of Rs. 5 lakhs in each case on the litigant company, who has filed the SLPs challenging orders of the National Company...
Free Copy Of NCLT Order & Copy Of Order Obtained On Paying Cost Are 'Certified Copies' For Filing NCLAT Appeal : Supreme Court
The Supreme Court today (September 27) set aside an order of the National Company Law Appellate Tribunal (NCLAT) which refused to condone delay in filling an appeal because of the filling of a 'free copy' of the impugned order.The bench of CJI DY Chandrachud and Justice Manoj Misra held that there was no difference between a free certified copy of the order and a certified copy which is...
No Prohibition Against Quashing Criminal Proceedings Even After Charge Sheet Is Filed : Supreme Court
The Supreme Court reiterated that there is no prohibition against quashing criminal proceedings even after the charge sheet has been filed.The bench comprising Justices PS Narasimha and Pankaj Mithal held so while quashing the domestic cruelty case against the accused after noting that no new allegations were discovered against the accused even after filing the charge sheet as it remained...
Supreme Court Sets Aside HC's Condition That YouTuber Must Shut Down YouTube Channel For Bail
The Supreme Court on Friday (September 27) set aside the condition imposed by the Madras High Court that YouTuber Felix Jerald should shut down his YouTube channel “RedPix 24x7” for getting bail in the criminal case over alleged scandalous remarks in the interview of 'Savukku' Shankar uploaded on the channel.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala...
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with Section 34 IPC against the...
Improper For SC To Grant Interim Relief In Normal Course When Party Is Relegated To High Court : Supreme Court
When the Supreme Court refuses to entertain a matter and asks the party to approach the High Court, it would be improper in the normal course to grant interim relief to such party, observed the Supreme Court recently.The Court made this observation while recalling an order which granted interim protection from coercive action to a party who was relegated to the High Court. The interim...
Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation : Supreme Court
A case of clean acquittal, where the accused had spent long years under custody as an undertrial, may give rise to a claim for compensation, observed the Supreme Court in the judgment granting bail to V Senthil Balaji in a money laundering case.The Court observed that some day, the Constitutional Courts will have to address this "peculiar situation". A clean case of acquittal do not include...
'Technological Impediment Can't Be A Reason To Harass Assessee' : Supreme Court Asks Income Tax Dept, CBDT To Resolve Software Issues
Technological impediment cannot be a reason to harass an assessee, said the Supreme Court while asking the Income Tax Department to upgrade its software to ensure that mistakes do not occur in the future.The Court directed that the Central Board for Direct Taxes should also take necessary steps for rectifying the software.A bench comprising Justices PS Narasimha and Sandeep Mehta was hearing...