Cheque Case Against Firm's Partner Can Be Quashed Only On Strong Evidence That He Didn't Have Any Concern With Issuing Cheque : Supreme Court

The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques.The High Court had quashed the summoning order against a partner of the firm taking into account the materials which indicated that on the dates when...

Owner/Employer Who Authored Tender Documents Is The Best Person To Understand & Appreciate It : Supreme Court

The Supreme Court observed that the owner or the employer of a project, who authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents. The constitutional courts must defer to this understanding and appreciation of the tender documents by the employer unless there is mala fide or perversity in the understanding or appreciation,...

Supreme Court Restores 1997 Arbitral Award Passed Under 1940 Act; Criticises HC & Trial Court For "Appellate Review"

The Supreme Court, while restoring an arbitral award passed in 1997 which was set aside by the Trial Court and the High Court under the Indian Arbitration Act, 1940, has emphasised that the court’s jurisdiction under Section 30/33 of the 1940 Act never extended beyond discerning whether the award discloses an “error apparent on the face of the award” or not.The court while restoring...

Retirement Age Can't Be Increased Based On Superannuation Age In Another Similar Post : Supreme Court

The Court also said that retirement age of an employee cannot be increased on the ground of devotion to the job.

Once Appointment Is Declared Illegal & Void Ab Initio, One Cannot Legally Continue In Service & Claim Salary: Supreme Court

In a case pertaining to an Assistant teacher claiming the release of her unpaid salary from 2001 onwards, the Supreme Court recently held that once the appointment has been declared illegal and void ab initio by the Director of elementary education in Assam in 2001, continuing in service becomes untenable in the absence of challenge to the cancellation order.The Court held that the failure...

Supreme Court On Evaluating Criminal Revision Petition | Presence of Party Not Obligatory

The Supreme Court recently held that a revision petition must be considered on merits even in the absence of a party or the party’s counsel, in accordance with the parameters for consideration of a revision petition. The Court referred to the ruling in Madan Lal Kapoor v. Rajiv Thapar,(2007) 7 SCC 623 wherein it was held that a criminal appeal must not be dismissed for default and held...

High Court Cannot Admit Regular Second Appeal Without Framing Substantial Questions Of Law : Supreme Court

A Division Bench of the Supreme Court, while hearing an appeal, re-iterated the established position of law related to Section 100 of the CPC. The Court observed that the provision clearly indicates that first appellate court is the final court on questions of facts but only if there is any substantial question of law, a second appeal could be considered and raised by the High Court and...

Article 370 Case | "If They're Allowed To Do This, Heavens Know What Else They'll Do" : Gopal Sankaranarayanan Warns Against Potential Mischief [Day 9]

"If they're allowed to do this, heaven knows what else they would do!," exclaimed Senior Advocate Gopal Sankaranarayanan today on the ninth day of Constitution Bench hearing in the pleas challenging dissolution of Jammu and Kashmir's special status under Article 370. Sankaranarayanan, while concluding the arguments for petitioners, used certain "extreme examples" to argue that upholding...

“How Can We Start Selling Bail Like This": Supreme Court Says Onerous Bail Conditions Must Not Be Imposed Ordinarily

The Supreme Court on Wednesday(August 23) emphasised that bail with onerous conditions should only be granted under exceptional circumstances and not in ordinary matters. The bench asserted that pre-trial detention should only be employed when there is a clear threat to society or a genuine concern that the accused could tamper with evidence or influence witnesses. The court also referred to...

Supreme Court Discusses 'Self-Limiting' Nature Of Article 370, Asks How J&K Constitution Can Bind Indian Parliament [Day 9]

The ongoing hearings regarding the petitions challenging the abrogation of Article 370, which granted special autonomy to the region of Jammu and Kashmir, reached their ninth day today. The proceedings are being conducted by a Constitution Bench led by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.As the petitioners...

Supreme Court Acquits Convict On Death Row; Orders Immediate Release

The Supreme Court on Wednesday acquitted a death row prisoner convicted in the murder of his two brothers and own son. This verdict was delivered by a three-judge bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra after hearing the convict’s plea against the Allahabad High Court confirming the death sentence handed to him by a Uttar Pradesh sessions court in 2017....

Difference Between 'Mortgage By Conditional Sale' & 'Sale With Condition Of Retransfer' : Supreme Court Explains

The Supreme Court in the judgment Prakash (Dead) By LR. v. G. Aradhya & Ors has explained the concepts of 'mortgage by conditional sale' and 'sale with condition of retransfer'.Referring to Section 58(c) of the Transfer of Property Act, 1882 (TPA), the Court observed, “A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the...