Decide Disqualification Petitions Over Shiv Sena Rift By Dec 31; NCP Case By Jan 31 : Supreme Court Directs Maharashtra Speaker

The Supreme Court on Monday (October 30) directed the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift and the Nationalist Congress Party rift by December 31, 2023 and January 31, 2024 respectively.The bench led by Chief Justice of India DY Chandrachud was hearing the writ petitions filed by Sunil Prabhu, member of Shiv...

Supreme Court Denies Bail To Former Delhi Dy CM Manish Sisodia In Delhi Excise Policy Scam Case; Directs To Fast Track Trial

The Supreme Court on Monday (October 30) refused to grant bail to former Delhi Deputy Chief Minister Manish Sisodia who is facing money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the national capital. The Aam Aadmi Party (AAP) leader has been in custody since February of this year and is being investigated...

Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court

The Supreme Court, while dismissing a suit, arising from an Agreement to Sell (ATS), noted that while the ATS was dated 31.07.1975, the suit was filed by the respondent named Anjuman (now represented through legal heirs) on 01.01.1981. Further, the limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years ‘from the date...

Requirement For Disclosures In Criminal Trial Can't Step Over Right To Privacy : Supreme Court Acquits Woman Accused Of Killing Newborn

The trial court's verdict "reinforces cultural stereotypes and gendered identities", the Supreme Court said.

Supreme Court Weekly Digest [September 18 – 24, 2023]

Citations: 2023 LiveLaw (SC) 800 To 2023 LiveLaw (SC) 821SUBJECT WISE INDEXArbitrationThe Supreme Court explains scope of judicial interference in arbitral awards. Batliboi Environmental Engineers v. Hindustan Petroleum Corporation, 2023 LiveLaw (SC) 817 : 2023 INSC 850Civil LawIn the second appeal, the High Court must frame a substantial question of law at the admission stage itself...

To Hold A Medical Practitioner Liable For Negligence, A Higher Threshold Limit Must Be Met: Supreme Court

The Supreme Court, while hearing a set of appeals pertaining to the medical negligence matter, observed that to hold a medical practitioner liable for negligence, a higher threshold limit must be met. This is to ensure that these doctors are focused on deciding the best course of treatment as per their assessment rather than being concerned about possible persecution or harassment that they...

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records

The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court that had held that...

Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court

Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the HDFC Bank Ltd.The bench comprising Justices S Ravindra Bhat and Dipankar Datta observed that under Section 3 of TPA, actionable claim means (a)...

IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court

The Supreme Court has held that in a composite application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) based on several Recovery Certificates issued by Debt Recovery Tribunal, if any of the Recovery Certificate(s) is barred by limitation, then the same can be segregated from composite claim. However, as the decree (Recovery Certificate) would still be alive,...

State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court

A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant findings regarding Section 19 of the Constitution (101st Amendment) Act (Amendment), 2016, which allowed the introduction of the Goods and Services...

Judges Taking Up Cases Not Assigned By Chief Justice Is An Act Of 'Gross Impropriety': Supreme Court

The Supreme Court recently said that the judges should refrain from taking up cases not specifically assigned to them by the Chief Justice of the Court. If not, the roster notified by the Chief Justice will have no meaning, the Court said. The Apex Court said that taking up cases not assigned by the Chief Justice is an act of 'gross impropriety'. “If the Courts allow such sharp practices,...

Can ED Attach Property Acquired Before Alleged Commission Of Scheduled Offence? Supreme Court To Consider

The Supreme Court recently issued a notice in a case which raises the issues whether a property acquired before the alleged act of scheduled offences under the Prevention of Money Laundering Act(PMLA), 2002 can be called “proceeds of crime” liable to be attached by the Directorate of Enforcement (ED).Another issue which arises in the case is whether the PMLA would override the...