Supreme court
'To Safeguard Homebuyers' Interests' : Supreme Court Issues Directions For CoC In Insolvency Cases Against Builders
The Supreme Court on Thursday (January 15) issued a set of directions regarding the functioning of the Committee of Creditors (CoC) under the Insolvency & Bankruptcy Code, noting that while the commercial wisdom of the CoC is paramount, such power must be exercised with responsibility, transparency and proper application of mind, particularly in real estate insolvencies where...
AP Stamp Act | Stamp Duty Leviable On Agreement To Sell Only When Possession Follows It : Supreme Court
The Supreme Court on Thursday (January 15) ruled that a stamp duty, as per the Andhra Pradesh Stamp Act, is not payable on an 'agreement to sell' which doesn't stipulates delivery of possession. A bench of Justices BV Nagarathna and R Mahadevan delivered a ruling in the context of the Andhra Pradesh Stamp Act (“Act”), while setting aside the High Court's decision, which held that...
Motive Insignificant When Direct Evidence In Form Of Dying Declaration Exists : Supreme Court
The Supreme Court on Thursday (January 15) restored the conviction of a man for committing murder of her wife, observing that absence of motive is not fatal to the prosecution when there is clear and credible direct evidence, such as a dying declaration. “Motive assumes significance, primarily in cases based on circumstantial evidence. Where there is direct evidence in the form of a...
Supreme Court Annual Digest 2025: Constitutional Law
75 years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities. Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to...
Arbitration | Arbitral Award Can't Be Interfered With Just Because Another Interpretation Of Contract Is Possible : Supreme Court
The Supreme Court reaffirmed that an arbitral award cannot be set aside under Section 34, nor can it be interfered with in an appeal under Section 37 of the Arbitration and Conciliation Act, merely because the arbitrator has not adopted an alternative or second possible interpretation of the substantive contract. A Bench comprising Justices P.S. Narasimha and Pankaj Mithal set aside the...
Supreme Court Annual Digest 2025: Central Excise, Customs, CGST & Finance Laws
Distinction between 'Levy' (Section 3) and 'Measure of Tax' (Section 4)– Valuation cannot determine Excisability- Held, Section 3 creates the charge and defines the nature of the levy (manufacture of excisable goods), whereas Section 4 provides the measure (value) for the levy- The Revenue Court erred by conflating the two- The "transaction value" under Section 4 is relevant...
'Protects Dishonest Public Servants' : Why Justice Nagarathna Struck Down S.17A Prevention Of Corruption Act
Justice BV Nagarathna of the Supreme Court held that Section 17A of the Prevention of Corruption Act, 1988 is unconstitutional, concluding that the requirement of prior approval before even initiating an inquiry or investigation is contrary to the object of the anti-corruption law and effectively shields corrupt public servants.“While the patent purpose of the provision is for the purpose...
Supreme Court Daily Round-Up : January 13, 2026
Links to the reports published on January 13 :Supreme Court To Hear Plea To Declare AYUSH Doctors As 'Medical Practitioners' Under Drugs & Magic Remedies (Objectionable Ads) ActSupreme Court Delivers Split Verdict On Validity Of S.17A Prevention Of Corruption Act Mandating Prior Sanction For InvestigationRight To Education Act | Ensure Admission Of Poor Students For Free Education In...