Supreme court
S. 58(f) TPA | Production Of Title Deeds As Security Towards Debt Amounts To Creation Of 'Equitable Mortgage' : Supreme Court
The Supreme Court on Thursday (Aug. 29) held that the production of title deeds of the property as a security towards the debt amounts to the creation of a 'mortgage by deposit of title deeds' under Section 58 (f) of the Transfer of Property Act, 1882 (“TPA”).It was a case where the respondent/defendant had taken a loan from the Appellant and submitted a title deed of the property towards...
Consumer Cases | Applications To Condone Delay In Filing Written Statements Filed Before 'New India Assurance 2' Decision Can't Be Summarily Rejected : Supreme Court
In a recent consumer case, the Supreme Court directed the National Consumer Dispute Redressal Commission (“NCDRC”) to decide the delay condonation application of the defendant for filing a written statement beyond the statutory period of a maximum 45 days i.e., after a delay of 285 days. Since the delay condonation application for filing the written submissions was preferred before...
Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge
In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh application...
Courts Must Exercise More Care When Inconsistencies In Oral Evidence Lean Towards Falsely Implicating Innocent Persons: Supreme Court
The Supreme Court acquitted the accused who was charged with an offence of attempt to murder under Section 307 of the Indian Penal Code (“IPC”) since the intention for the crime wasn't established and there were discrepancies in the testimonies.“it would be apposite to recount the settled proposition of law that a conviction under Section 307 of the IPC may be justified only if the...
Dowry & Traditional Presents Given At Time Of Marriage Aren't Presumed To Be Entrusted To Bride's Parents-In-Law: Supreme Court
The Supreme Court recently reiterated that it cannot be assumed that dowry and traditional presents given at the time of marriage are entrusted to the parents-in-law of the bride and would attract the ingredients of Section 6 of the Dowry Prohibition Act, 1961.Section 6 of the Dowry Prohibition Act provides that any dowry received by a person other than the woman in connection with her...
Woman Absolute Owner Of Stridhan, Father Cannot Seek Its Recovery From In-Laws Without Her Authorization: Supreme Court
The Supreme Court held recently that Stridhan is the exclusive property of the woman, and her father cannot claim recovery of Stridhan from in-laws without explicit authorisation from her."...the jurisprudence as has been developed by this Court is unequivocal with respect to the singular right of the female (wife or former wife) as the case may be, being the sole owner of 'stridhan'. It has...
Delhi Education Rules - NDMC Not Liable To Absorb Staff Of School Which Was Illegally Closed By Pvt Management: Supreme Court
The Supreme Court on Wednesday (Aug. 28) held that New Delhi Municipal Corporation (“NDMC”) would not be liable for absorption and payment of benefits to the excess staff of the school run by the Delhi Sikh Gurudwara Management Committee (“DSGMC”) on account of the closure of the school done by the DSGMC without the prior approval of the NDMC. The Court said that as per Rule 46 of...
Supreme Court Cancels Bail After 3 Years In Economic Offence Case, Says Interest Of Scam Victims Must Be Protected
In a peculiar case, the Supreme Court on August 28 cancelled the bail of an accused after almost 3 years of his release in connection with offences punishable under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.Brief factsIn this case, respondent no.1 in question...
ED Cannot Start With Statement Of Co-Accused To Establish Case, It's Not Substantive Evidence: Supreme Court
While granting bail in a money laundering case, the Supreme Court observed that the Enforcement Directorate cannot start with a statement of a co-accused to implicate the accused.The Court held that an incriminating statement of a co-accused would not amount to substantive evidence. It reasoned that the prosecution could not start with such a statement to establish its...
Certificates Issued Under Transgender Persons Act 2019 Acceptable For PAN Card Applications : Centre Tells Supreme Court
The Supreme Court recently suggested that the Union of India should incorporate provisions allowing certificates for identity and gender change issued under the Transgender Persons (Protection of Rights) Act, 2019 as valid documentation for applying for a PAN card into the relevant Rules.A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said this while disposing of an...
Supreme Court Allows Bank Employees Appointed Under SC Quota To Retain Posts After Their Caste Was De-Scheduled
The Supreme Court on Wednesday (Aug. 28) set aside the show-cause notices issued by the Canara Bank to certain employees who were appointed under the Scheduled Caste quota based on a valid caste certificate since their caste was de-scheduled from the SC list.A batch of appeals were filed before the Supreme Court challenging the Karnataka High Court's decision justifying the Bank's show...