Supreme court
Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court
Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. In this regard, the Court also stressed that a plaint could be amended at any suit stage, even at the second...
N.I. Act | Directors Not Liable For Dishnor Of Cheque Issued By Company After Their Resignation : Supreme Court
The Supreme Court on Wednesday (February 14) observed that the Director of the company wouldn't be held liable for the dishonor of a cheque issued by the company pursuant to the retirement of the Director unless some credible evidence is brought on record proving the guilt of the director.Reversing the findings of the High Court which refused to quash the criminal proceedings against the...
How Much Each Political Party Got Through Electoral Bonds? Justice Sanjiv Khanna's Judgment Reveals
In his separate but concurring judgment in the Electoral Bonds case, Supreme Court judge Justice Sanjiv Khanna mentioned certain important data regarding contributions through electoral bonds.Based on the data from the website of the Election Commission of India and the details supplied by the petitioners, the judgment mentioned the following table regarding the contributions received...
Allowing Unlimited Corporate Donations Through Electoral Bonds Violates Free & Fair Elections : Supreme Court Voids Companies Act Amendment
In a landmark verdict today, the Supreme Court struck down the controversial electoral bonds scheme as unconstitutional, holding that the anonymity conferred by electoral bonds violates the right to information enshrined in Article 19(1)(a) of the Constitution.This decision comes after a constitution bench, comprising Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai,...
Supreme Court Asks ECI To Publish Details Of Electoral Bonds Encashed By Political Parties
While striking down the Electoral Bonds scheme as unconstitutional, the Supreme Court issued the following directions : A. The issuing bank(State Bank of India) shall herewith stop the issuance of electoral bonds.B. The State Bank of India shall submit the details of electoral bonds purchased since the interim order of the Court dated April 12, 2019 till date to the Election Commission of...
Electoral Bonds Not The Only Way To Curb Black Money, There're Alternative Means Which Are Less Restrictive : Supreme Court
The Supreme Court has observed that the purpose of curbing black money is not a sufficient justification to anonymise the identities of donors and the details of the contributions in the electoral bonds scheme.A Constitution Bench of the Supreme Court held that the anonymous electoral bonds scheme violated the right to information of a voter guaranteed under Article 19(1)(a) of the...
Principles Of Adverse Possession : Supreme Court Explains
Recently, while deciding the suit for declaration of title, the Supreme Court reiterated some important factors related to the principle of adverse possession. The Court recalled that the plea of adverse possession is a blend of fact and law. (Karnataka Board of Wakf v. Govt. of India., (2004) 10 SCC 779) The person who claims adverse possession must show the following: “(a) on...
Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads to two possible views, then the view...
If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence: Supreme Court
The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favoring the innocence of an accused must be takenSetting aside the impugned findings of the High Court which had convicted the accused while reversing the trial court's order of acquittal, the Bench Comprising Justices Bela...
