[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband

The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India [2014] 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996...

Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court

After a prolonged litigation, the Supreme Court, in a noteworthy judgment, finally granted relief to the owner of a suit property (Mumtaz Yarud Dowla Wakf) in favour of whom the decree was already granted back in 2002.In a judgment authored by Justice M. M. Sundresh, it called out the dilatory tactics adopted by respondents while setting aside the impugned order and restoring the order passed...

Tenancy Law | Can't Invoke S.5 Limitation Act Where Statute Prescribes Lesser Time Period For A Particular Purpose: Supreme Court

In the context of tenancy laws, the Supreme Court on Wednesday held that Section 5 of Limitation Act, 1963 ( Extension of prescribed period in certain cases) cannot be used to extend the time limit prescribed, when a lesser time period has been specifically provided under the relevant act for a particular purpose.In the case at hand, the Court was referring to Section 7 of the West...

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court

Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. The present decision emphasised the importance of substantial evidence in awarding claims for loss of...

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief needs to be granted or not. A bench of Justice B...

Court's Duty To Ensure Witnesses Are Not Under Threat: Supreme Court Cancels Accused's Bail After Witnesses Turn Hostile, Orders Fresh Examination

The Supreme Court has cancelled the bail granted to a man accused of conspiring to murder his wife after she refused consent for mutual divorce, upon noticing the "sudden somersault" taken by vital witnesses like the deceased's family members and the accused's history of using influence of police and goons.The Supreme Court invoked its powers under Article 142 of the Constitution and Section...

Tamil Nadu’s Ban On Reinforced Paper Cups Reasonable,In Public Interest To Control Pollution: Supreme Court

The Supreme Court on Friday (20.10.2023) refused to interfere with the order of the Madras High Court that had upheld the ban on reinforced paper cups introduced in the state of Tamil Nadu in 2019. However the Apex Court directed the Tamil Nadu Pollution Control Board (TNPCB) to re-consider the ban on non-woven bags afresh in the light of the amended Plastic Waste Management Rules, 2016...

'Ensure Manual Sewer Cleaning Is Completely Eradicated' : Read 14 Directions Issued By Supreme Court Against Manual Scavenging

The Supreme Court has issued a slew of directions to the Union and the State Governments to ensure that the abhorrent practice of manual scavenging is totally put to an end by strict implementation of the Prohibition of of Employment as Manual Scavengers and their Rehabilitation Act, 2013.The Court directed that the process of manual cleaning of sewers is completely eradicated and to ensure...

Read 12 Directions Issued by Supreme Court For Speedy Trial of Civil Cases

Expressing serious concerns at the pendency of cases in the country, the Supreme Court on Friday issued a slew of directions to ensure the speedy disposal of cases. The 12 directions issued by the bench of Justices S Ravindra Bhat and Aravind Kumar to high courts for ensuring speedy trial and to monitor the disposal of cases are as follows:All courts at district and taluka levels shall...

Conviction Under Section 498-A IPC Can Be Upheld Despite Acquittal Under Section 304-B IPC : Supreme Court

In a heartwrenching case, where a girl committed suicide by setting herself on fire due to physical and mental torture committed by her in-laws demanding dowry, the Supreme Court convicted the appellants under Section 306 IPC (abetment of suicide) and Section 498A(cruelty against a married woman)read with Section 34 IPC based on the dying declaration made by her.Her dying declaration even...

Sanatana Dharma Row| Plea In Supreme Court Seeks Guidelines To Prevent Communal Remarks By Ministers, Elected Representatives

The Supreme Court on Wednesday tagged another petition over Tamil Nadu minister and DMK leader Udhayanidhi Stalin's controversial remarks about 'Sanatana Dharma', with two other pleas already pending before the court.A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing a writ petition filed by Hindu organisation Sanatan Suraksha Parishad assailing Udhayanidhi’s comments as...

Umar Khalid Files Petition In Supreme Court Challenging UAPA Provisions

Former JNU scholar and activist Umar Khalid, who is an undertrial prisoner in the Delhi riots larger conspiracy case, has filed a writ petition in the Supreme Court challenging various provisions of the Unlawful Activities (Prevention) Act, 1967.A bench of Justices Aniruddha Bose and Bela M Trivedi on Friday (October 20) tagged the petition along with earlier petitions filed challenging...