Supreme court
Continuing Trend Of Projecting Purely Civil Financial Dispute As Criminal Matter 'Extremely Disturbing': Supreme Court
The Supreme Court observed that the continuing trend of projecting a purely civil financial dispute as a criminal matter is extremely disturbing.The bench of Justices Krishna Murari and Sanjay Kumar observed thus while considering a contempt petition. The petitioners’ case was that there is trend of initiating mala fide criminal proceedings against financial institutions/lenders and...
Taxation Classification | Specific Provision Will Prevail Over General Provision In A Statute : Supreme Court In ‘Maize Starch’ Case
The Supreme Court has ruled that if in any statutory rule or statutory notification, two expressions are used - one in general words and the other in special terms – then, as per the rules of interpretation, the special terms are not meant to be included in the general expression. Alternatively, the court said that where a statute contains both a general provision as well as a...
'Pension Is Service Matter, Approach Armed Forces Tribunal': Supreme Court Dismisses Plea Seeking Revised Pension For Ex-Servicemen
The Supreme court bench comprising Justice Sanjiv Khanna and Justice Bela M. Trivedi dismissed a petition by the an organisation of ex- servicemen society seeking a direction for payment of revised pension for those who retired before 1.1.2016. The court held that since pension is covered within Service matters, they should approach the Armed Forces Tribunal which must decide the...
Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
The Supreme Court on Tuesday observed that in cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. Relying on the Apex Court judgement in Mohan Soni vs. Ram Avtar Tomar And Others. (2012) 2 SCC 267 a division bench of Justice Abhay S. Oka and...
CTO For Enhanced Production Capacity Issued After SC’s Order Fixing Total Import Limit; Importer Not Entitled To Proportionate Increase In Import Quota: Supreme Court
The Supreme Court has upheld the decision of the Delhi High Court which set aside the increased quota allocated for import of raw pet-coke (RPC) based on the “Consent to Operate” (CTO) issued to the importer for an enhanced production capacity, after the top court’s order dated 09.10.2018. The bench of Justices S. Ravindra Bhat and Dipankar Datta remarked that the Andhra Pradesh...
Condition Of Right To Repurchase In Sale Deed Not Personal Unless Expressly Stated; Can Be Assigned : Supreme Court
The Supreme Court held that the condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so.Such a right can always be assigned and the contract containing such condition shall be enforceable, the bench of Justice Abhay S. Oka and Rajesh Bindal observed.In this case, the plaintiff filed a suit for specific...
Sec 180 IPC Can't Be Applied Against A Person For Refusing To Sign Statement Given To Police : Supreme Court Castigates DySP
The Supreme Court has held that Section 180 of Indian Penal Code is not attracted if a person refuses to sign the statement made to a police officer in course of an investigation."In terms of section 162, Cr. PC, no statement made by a person to a police officer in the course of any investigation under Chapter XII of the Cr. PC, which is reduced to writing, is required to be signed by the...
Supreme Court Affirms Delhi HC's Order Dismissing Judicial Officer For Accepting Favour Of 'Sponsored' Foreign Travel From 'Stranger'
The Supreme Court on Monday refused to interfere with the order of the Delhi High Court that upheld a judicial officer's dismissal from service for allegedly accepting a "favour" from a "stranger". The allegation against the judicial officer was that a “stranger” had “sponsored” his family's foreign travel in 2016.A division bench of Justice Hrishikesh Roy and Justice Pankaj...
Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court
The Supreme Court observed that the cross objections have all the trappings of a regular appeal and must be considered in full by the court adjudicating upon the same.In this case, the appellants contended that the issues raised by them in their cross objections have not been considered by the Delhi High Court. While the High Court has given a detailed analysis of all other issues raised in...
'Downright Bizarre' : Supreme Court On High Court Judgment Resulting In Different Jail Terms For Convicts In Same Offence
The Supreme Court on Monday expressed surprise at a High Court judgment which awarded different sentence for the convicts for the same offence.A bench comprising Justice S. Ravindra Bhat and Justice Dipankar Datta was dealing with a criminal appeals challenging the judgment of the Punjab and Haryana High Court sentencing 8 persons for the offences of culpable homicide not amounting to...
'After Allowing Workmen To Work For 2 Decades, Management Cannot Challenge Award' : Supreme Court Allows Appeal Of FCI Workers
The Supreme Court recently decided the appeals preferred by both the Executive Union of workers and the Management of FCI against the judgment of the division bench of Jharkhand High Court wherein the workers were denied regularization of services but at the same time directed that 75% of back wages was to be paid.The bench of Justices Krishna Murari and Sanjay Kumar held that having allowed...