Supreme Court Reiterates Principles Of Deduction For Development Charges In Land Acquisition Compensation Claims

A Division Bench of the Supreme Court, comprising Justices Bela M. Trivedi and Dipankar Datta, while hearing a bunch of appeals reiterated the established law that while determining the deduction for development charges, the courts should take into consideration important factors including the nature of land, area under acquisition, whether the land is developed or not, if developed to...

Pension | Past Service As Contractual Employee To Be Taken Into Account For Pension: Supreme Court

The Supreme Court recently held that for the purposes of pension, past service as a contractual employee is to be taken into account. The court directed the state of Himachal Pradesh to finish the entire process within 3 months and issue orders fixing pensions for these employees engaged in education and ayurvedic department.The Supreme Court bench comprising Justices S. Ravindra Bhat and...

Election Contest Purely A Statutory Proceeding, Provisions Must Be Strictly Interpreted : Supreme Court

A Division Bench of the Supreme Court, comprising Justices Bela M. Trivedi and S.V.N. Bhatti, while hearing an appeal reiterated the trite position of law that when it comes to the interpretation of statutory provisions relating to election law, jurisprudence on the subject mandates strict construction of the provisions. The Court elucidated: “Election contest is not an action at law or a...

Interest Income Earned On Deposits By Clubs In Banks Which Are Corporate Members Taxable; Principle Of Mutuality Not Applicable: Supreme Court

The Supreme Court has ruled that the interest income earned on fixed deposits (FDs) made by Clubs in the banks which are members of those Clubs has to be treated like any other income from other sources within the meaning of Section 2(24) of Income Tax Act, 1961. The bench of Justices B.V. Nagarathna and Prashant Kumar Mishra said that the principle of mutuality would not apply to interest...

'Contempt Petition Can't Be Filed Against Registry For Not Listing Case On Date Specified By Court' : Supreme Court Dismisses Advocate's Plea

The Supreme Court on Friday dismissed a contempt petition filed by an Advocate on Record against the Secretary General and Registrar Judicial Administration of the Supreme Court for allegedly not listing a matter, despite direction of the Court to do so. The Apex Court expressed its strong displeasure and called it a ‘browbeating tactic’ and an abuse of the process of law.Deprecating...

Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court

The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5 and 8 of the Maternity Benefits Act, 1961 and...

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent

The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The court grappled with the question of determining the starting point of limitation for filing an application under Rule 95 of Order XXI of CPC, 1908. These provisions relate to a situation where property of a person is sold through public auction to satisfy a decree passed by the court.In...

RERA : Supreme Court Seeks Responses Of States/UTs Which Haven't Established Real Estate Regulatory Authority, Appellate Tribunals

Last week, the Supreme Court sought the responses of the chief secretaries to the state governments of Meghalaya and Sikkim and the union territory administration of Ladakh with respect to their failure to establish regulatory authorities as well as appellate tribunals under the Real Estate (Regulation and Development) Act, 2016. Responses have also been sought from the states...

Partition Can Also Be Effected Under A Settlement Or Oral Understanding : Supreme Court

The Supreme Court observed that a partition can also be effected under a settlement or oral understanding. There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, the bench of Justices Bela Trivedi and SV Bhatti said.In this case, the plaintiff, a woman, filed a suit praying for a declaration that she is...

'Public Interest Not Limited To Maximising Revenue For Govt; It Includes Fair & Transparent Process' : Supreme Court

While hearing a bunch of appeals, a Division Bench of the Supreme Court, comprising Justices Hrishikesh Roy and Pankaj Mithal, held, "Public interest need not remain exclusively limited to ensuring maximum revenue accrual for the Government. Instead, public interest includes, without limiting itself to, a fair, transparent & stable process which any and all executive action must...

Order XVII Rule 2 CPC -Court Can Proceed Only Against An Absent Party Whose Evidence Has Been Substantially Recorded : Supreme Court

The Supreme Court observed that, under explanation to Order XVII Rule 2 of the Code of Civil Procedure, the court can record the presence of that party alone who has led evidence or substantial evidence and thereafter failed to appear."Under Order XVII Rule 2, the Court would proceed to pass orders with respect to any of the parties being absent or both the parties being absent. Whereas...

Supreme Court Dismisses PIL Seeking Mandatory Pre-Litigation Mediation

The Supreme Court on Monday(August 14) dismissed a Public Interest Litigation (PIL) that sought for directions for mandatory pre-litigation mediation in certain matters such commercial cases, partition suits, probation petitions. The PIL had also sought for guidelines or a Standard Operating Procedure (SOP) to give effect to pre-litigation mediation. The Court observed that provisions...