Hindu Succession | If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit : Supreme Court

The Supreme Court has held that during the pendency of a partition suit, the parties can seek benefit of the amended law, when final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been amended.The Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala has...

Plain & Literal Interpretation Of Section 37 NDPS Act Would Make Bail Impossible: Supreme Court Adopts 'Prima Facie' Test

The Supreme Court of India, while enlarging on bail an undertrial prisoner who was arrested seven years ago under the Narcotic Drugs and Psychotropic Substances Act, 1985 for his alleged involvement in peddling a prohibited substance, observed that a plain and literal interpretation of the rigorous conditions under Section 37 would make granting of bail impossible.A division bench of Justices...

In Suit For Possession, Prior Possession Becomes Relevant When Both Parties Fail To Establish Title : Supreme Court

In a suit for possession, if both parties have not established title, then the party who proved prior possession will succeed, held the Supreme Court recently. Such right of the person who had prior possession will hold good against the whole world except the person who has the title over the property.In this regard, the Court applied the maxim "Possessio contra omnes valet praeter eur cui...

Section 52 TP Act -Alienation Of Suit Property Pendente Lite Not Invalid; But It'll Be Subject To Rights Of Litigants : Supreme Court

The Supreme Court has observed that the principle of "lis pendens" is based on "justice, equity and good conscience" and the same will apply even in a case where the provisions of Section 52 of the Transfer of Property Act is not applicable in the strict sense.A bench comprising Justices BR Gavai and CT Ravikumar explained that though the doctrine of "lis pendens" will not invalidate the...

Bail Can Be Granted In NDPS Cases On Ground Of Undue Delay In Trial Despite Stringent Conditions In Section 37 : Supreme Court

In a pathbreaking judgment on bail jurisprudence, the Supreme Court has held that undue delay in trial can be a ground to grant bail to an accused, despite the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.A division bench of Justices S Ravindra Bhat and Dipankar Datta, while granting bail to an undertrial prisoner arrested seven years ago for...

Central Excise Act- No Separate Notice Necessary For Recovery Of Erroneous Refund Granted: Supreme Court

The Supreme Court has held that no separate notice under Section 11A of the Central Excise Act is necessary for the recovery of an erroneous refund granted.The division bench of Justice M. R. Shah and Justice Krishna Murari has observed that once the order originally sanctioning the refund came to be set aside, there was no question of any further notice under Section 11A of the Central...

For Out Of Turn Promotion, Parity Can't Be Claimed : Supreme Court

The Supreme Court of India recently held that out of turn promotions can’t be claimed as a matter of right under the Madhya Pradesh Police Regulations. A Bench of Justices MR Shah and CT Ravikumar was hearing an appeal moved by the State challenging orders of the High Court which held that the Respondent was entitled to an out of turn promotion as a matter of parity. “As...

Supreme Court Comes Down Heavily On TN Govt For Not Complying With Order On Premature Release Of Sri Lankan Citizen

The Supreme Court of India recently pulled up the Tamil Nadu State government for not complying with an earlier direction of the Court to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 33 years. While considering the petitioner’s premature release based on a 2018 policy, the Top Court had earlier asked the State government to consider his request. In...

Supreme Court To Hear Abdullah Azam Khan’s Plea To Stay Conviction Which Led To His Disqualification As MLA On April 5

The Supreme Court, on Wednesday, agreed to take up the plea filed by Mohammed Abdullah Azam Khan, who has now been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted and sentenced to 2 year imprisonment in a 15-year-old case. After briefly hearing the Senior Counsel appearing for Khan, the Court asked him to serve a copy of the plea to the Standing Counsel...

'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the...

Central Excise Act - To Be "Related Person", Buyer & Seller Must Have Direct Or Indirect Interest In Each Other’s Business : Supreme Court

The Supreme Court while ascertaining who is the “Related Party” under the Central Excise Act for the purpose of valuation held that before the clause in Section 4(4)(c) could be used, the buyer and seller had to be interested in one another's businesses. Since two-way traffic is required, there shouldn't be any one-way traffic.The division bench of Justice S. Ravindra Bhat and...

Court Cannot Declare Equivalency Of A Course: Supreme Court

The Supreme Court on 28th March rejected the appeal filed to grant promotion to Grade-I and Assistant Engineer on the ground that the appellant did not possess the required degree and court cannot prescribe the qualification or declare the equivalency of a course.The bench comprising Justice Sanjay Kishan Kaul, Justice Manoj Misra and Justice Aravind Kumar said, “It is trite law that...