Supreme court
S. 138 NI Act | Cognizance Can't Be Taken Of Time-Barred Cheque Dishonour Complaint Without First Condoning Delay : Supreme Court
Cognizance can't be taken on a cheque dishonor complaint filed belatedly unless the delay is condoned by the Court, observed the Supreme Court. A bench of Justices Sanjay Kumar and Alok Aradhe set aside the Karnataka High Court's decision, which upheld the trial court's decision to take cognizance of a cheque dishonor complaint filed belatedly, even without condoning the delay. “we have...
Sports Quota Admissions To MBBS/BDS: Supreme Court Quashes Midstream Policy Change In Punjab 2024 Session
The Supreme Court has set aside the midstream expansion of the zone of consideration for sports quota admissions to MBBS and BDS courses in Punjab, holding that altering admission criteria after the process has commenced violates settled principles of fairness, transparency and non-arbitrariness under Article 14 of the Constitution.A Bench of Justice Sanjay Kumar and Justice Alok Aradhe allowed...
Public Sector Enterprise Can't Initiate Disciplinary Action Against Retired Employee If Rules Don't Expressly Enable It : Supreme Court
The Supreme Court on Tuesday (January 6) ruled that a public-sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement in the absence of an express enabling provision in its service regulations. A bench of Justices JK Maheshwari and Vijay Bishnoi quashed the post-retirement disciplinary action taken against a former employee of the...
Right To Speedy Trial Not Defeated By Gravity Of Offence; Prolonged Pre-Trial Detention Becomes Punishment: Supreme Court
The right to a speedy trial, guaranteed under Article 21 of the Constitution, is not eclipsed by the nature of the offence, the Supreme Court held, observing that prolonged incarceration of an undertrial, without commencement or reasonable progress of trial, effectively converts pre-trial detention into a form of punishment. The Court made these observations while granting bail to former...
Forfeiture Of Earnest Money Given For Sale Agreement Impermissible When Buyer & Seller Are At Fault : Supreme Court
The Supreme Court observed that when both the buyer and seller were at fault in performance of a contract, it would be impermissible to order forfeiture of the earnest money deposited by the buyer, as it would unjustly enrich the seller. A Bench of Justices Vikram Nath and Sandeep Mehta heard the buyer's appeal against a Delhi High Court ruling which, while setting aside the trial court's...
Law Cannot Change With Change Of Bench; Coordinate Bench's Decision Binding : Supreme Court
While granting customs duty exemption to Adani Power for electricity from a Gujarat SEZ, the Supreme Court faulted the Gujarat High Court for violating the principle of stare decisis, holding that it wrongly ignored a binding coordinate bench ruling and reiterating that the law cannot change with a change in Bench. “The discipline of precedent is not a matter of personal predilection; it is...
Supreme Court Allows West Bengal Part-Time Teachers Seeking Equal Pay As Full-Time Teachers To Make Fresh Representation
Disposing of a contempt petition, the Supreme Court today allowed certain part-time teachers in the State of West Bengal to make a fresh representation before the School Education Department Secretary for pay parity with full-time teachers teaching in non-government aided higher secondary schools. It ordered that the competent authority shall pass a reasoned order on the representations within...
O 1 R 10 CPC | Plaintiff Is 'Dominus Litis', Can't Be Compelled To Add A Defendant In Suit : Supreme Court
The Supreme Court on Monday (January 5) dismissed a litigant's plea to be included as a defendant in the suit, stating that the plaintiff, being master of the suit, cannot be compelled to sue a party against whom no relief is claimed. “This apart, the respondent Nos.1 and 2 (plaintiffs) who have instituted the suit are dominus litis and it is for them to choose their adversaries. If they...
Supreme Court Grants Bail To Amtek Group Promoter Arvind Dham In Money Laundering Case
The Supreme Court today granted bail to Arvind Dham, promoter of the Amtek Group, in a money laundering case arising out of alleged bank fraud running into about Rs. 27,000 crores.A bench of Justice Sanjay Kumar and Justice Alok Aradhe allowed Dham's plea challenging the Delhi High Court's order refusing to grant him regular bail. The Court granted him bail on the ground of long incarceration...
Supreme Court Annual Digest 2025 - Quashing Of FIR
Section 138 N.I. Act – Dishonour of cheque – Liability of Director – Resignation before issuance of cheque – Quashing of complaint – Held, where the appellant had resigned from the post of Director prior to the issuance of post-dated cheques by the company, and the cheques were signed by another competent person, the appellant could not be held liable under Section 138 of...