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...

'J&K Governor Had No Idea' : Petitioners Cite Satya Pal Malik's Interview Before Supreme Court In Article 370 Case

On the 9th day of hearing in the Article 370 case, the revelations made by former Jammu and Kashmir Governor Satya Pal Malik were cited in the Supreme Court.Senior Advocate Nitya Ramakrishnan, appearing for one of the petitioners challenging the Centre's decision to abrogate the special status of Jammu and Kashmir, referred to Malik's interview given to Karan Thapar of 'The Wire' in April...

Motor Accident Claims : Supreme Court Criticises 'Lethargic Attitude' Of States In Not Filing Compliance Report

The Supreme Court recently criticised the 'lethargic attitude' of states in not filing compliance reports on directions issued by the Top Court for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.The Apex Court in its previous order dated 10.07.2023 had urged the States and High Courts that had not filed their compliance reports in connection with a slew...

TP Act | Transaction Can't Be Regarded As 'Mortgage By Conditional Sale' If Condition For Reconveyance Is Not Specified In Same Deed : Supreme Court

The Supreme Court recently held that under Section 58(c) of the Transfer of Property Act,1882 no transaction shall be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale.A division bench of Justice Hima Kohli and Justice Rajesh Bindal made the observation while dealing with a case in which two documents were executed on...

Supreme Court Issues Guidelines For Filing Written Submissions Before Constitution Benches & Important Final Hearing Cases

The Supreme Court registry today(Aug 22) issued a circular detailing comprehensive guidelines to streamline the process of filing written submissions and compilations before constitution benches and important final hearing cases.The guidelines, laid out in a Standard Operating Procedure (SOP), are set to provide a structured framework for filing soft copies of written submissions and...

UPSC Civil Services Exams : Supreme Court Allows Withdrawal Of Petition Seeking Answer Key & Cutoff Marks Of Prelims 2023

The Supreme Court on Tuesday(Aug 22) granted permission for the withdrawal of a petition that sought publication of the answer key and cutoff marks for the UPSC Civil Services Preliminary Examination 2023. The decision comes in light of the fact that a similar issue is already under consideration by the Delhi High Court. The Delhi High Court had reserved its decision on the matter on 2nd...

NEET PG | Students Who Take Admission In All India Quota Can't Vacate Seats After 2nd Round Of AIQ Counselling : Supreme Court

The Supreme Court on Monday (August 21) reiterated that students who take admission in All India Quota(AIQ) seats for Post Graduate medical courses cannot vacate the seats after the second round of counselling for AIQ seats in National Entrance-cum-Eligibility Test (NEET).The Court referred to the order passed in May 2017 in the case Dar-Us-Slam Educational Trust v Medical Council of India...

Customs Act Does Not Create A Statutory First Charge Overriding Charge In Favour Of Secured Creditor Under S. 529A Of Companies Act : Supreme Court

The Supreme Court has ruled that in case of winding up of a company, the customs duty owed by the company would be treated as a preferential payment under Section 530(1) (a) of the Companies Act, 1956. But customs duty would not override and be given preference over the payments due to overriding preferential creditors covered under Section 529A of the Companies Act, which include the...

'Presumption Of Innocence A Human Right ; Life & Liberty Are Not Matters To Be Trifled With' : Supreme Court Acquits 1995 Murder Case Accused

The presumption of innocence is a human right, the Supreme Court observed while setting aside concurrent conviction in a 1995 murder case.The court observed that the presumption of innocence in favour of the accused and insistence on the Prosecution to prove its case beyond reasonable doubt are not empty formalities."When this Court is confronted with a situation where it has to ponder whether...

Extra-Judicial Confession Weak Piece Of Evidence, Can Be Relied On If Proven To Be Voluntary, Truthful And Free Of Inducement: Supreme Court

The Supreme Court recently held that while extra-judicial confessions are typically considered weak pieces of evidence, they can still serve as grounds for conviction if proven to be voluntary, truthful, and free of inducement. The court must be convinced of the reliability of the confession, and this evaluation takes into account the surrounding circumstances.The Supreme Court relied on...

Supreme Court Refuses To Interfere With HC Order Holding That Person Forwarding Social Media Message Is Liable For Its Contents

The Supreme Court on Friday (18.05.2023) refused to entertain an appeal against the order of the Madras High Court that refused to quash batch of criminal proceedings initiated against actor and BJP politician S.Ve Sheker for his derogatory remarks against women journalists. The cases were registered after Sheker had allegedly forwarded an abusive, derogatory and vulgar comment on his...

Preventive Detention- 3 Months Limit Under Article 22(4)(a) Applies Only At Initial Stage Till Advisory Board's Report : Supreme Court

The Supreme Court recently dismissed an appeal by a detenu who challenged the order of preventive detention under the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers Act, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (the Act).The Court disagreed with the view taken in Cherukuri Mani v. Chief Secretary, Government of Andhra...