Supreme court
'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM
The Supreme Court has reiterated the requirement of a specific show-cause notice while quashing and setting aside the debarment and penalty order issued by the Madhya Pradesh Power Distribution Company (DISCOM) against a tenderee who was awarded a contract for supply of transformers by the DISCOM.Noting that the show-cause notice issued by the respondent DISCOM was only about debarment, the...
DISCOMS To Pay ‘Change In Law’ Compensation For All Additional Charges Levied By State Instrumentalities To Power Generating Companies: Supreme Court
The Supreme Court has lamented the practice of Distribution Companies (DISCOMS) and power generating companies pursuing endless litigation challenging the concurrent findings arrived at by the Central Electricity Regulatory Commission (CERC) and the Appellate Tribunal for Electricity (APTEL).The bench of Justices B.R. Gavai and Vikram Nath was hearing cross appeals challenging the judgment...
Transfer Pricing | High Courts Not Precluded From Scrutinising ITAT’s Determination Of Arm’s Length Price : Supreme Court
The Supreme Court has ruled that the High Court is not precluded from considering the determination of the arm’s length price determined by the Income Tax Appellate Tribunal (ITAT), in exercise of its powers under Section 260A of the Income Tax Act, 1961.Dismissing the proposition that in every case where the Tribunal determines the arm’s length price, the same shall attain finality,...
SPECIFIC RELIEF ACT | Party Can't Claim Time Is Essence Of Contract When Specific Performance Of Terms Not Done : Supreme Court
The Supreme Court has held that when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise.The Bench comprising of Justice Krishna Murari and Justice Sanjay Karol, while adjudicating an appeal filed in Gaddipati Divija & Anr v Pathuri Samrajyam & Ors., observed that time would not be of essence in a...
Appellate Court Should Separately Hear Convict On Quantum Of Sentence When Acquittal Is Reversed : Supreme Court
The Supreme Court recently set aside the conviction and order of sentence imposed on two accused persons, passed by Karnataka High Court in a murder case, on the ground that the accused persons were not given an opportunity to be heard on the quantum of sentence as prescribed under Section 235(2) of CrPC.The principle of according opportunity of hearing to the convict before sentencing him...
Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process
The Supreme Court has reiterated that the courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed.The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions (SLPs) in order to side-step the arbitration process, adding that the said applications must not be entertained by the court.The bench...
For Interpreting Section 121 Of Punjab Land Revenue Act, Analogy Can Be Drawn From Order XX Rule 18 Of CPC: Supreme Court
The Supreme Court has held that for the purpose of interpreting Section 121 of the Land Revenue Act, the Court can safely draw an analogy from the provisions contained in Order XX, Rule 18 C.P.C. which pertain to the procedure to be followed on the passing of the decree for the partition of the propertyThe Bench comprising of Justice Ajay Rastogi and Justice Bela M.Trivedi, while adjudicating...
Beneficiary Of Waqf, Not Being Trustee Or Co-Owner, Can Claim Title Of Waqf Property By Adverse Possession: Supreme Court
In a significant judgement, the Supreme Court recently clarified that a beneficiary of a waqf, being neither a trustee nor a co-owner of waqf property, can acquire title through adverse possession even if it is the property of the waqf.A Bench of Justices KM Joseph and Hrishikesh Roy, while hearing a case relating to the relating to the Waqf Act, 1995 said, “A beneficiary of a waqf,...
Supreme Court Orders Release Of Daughter Suffering From Mental Illness After 12 Year Sentence For Homicide Of Father
Recently, the Supreme Court released a daughter who was incarcerated for more than 12 years on being convicted for murdering her father. The Senior Counsel appearing for the appellant (daughter) had argued that she was suffering from a mental illness.A Bench comprising Justice BR Gavai and Justice Aravind Kumar observed that the prosecution had failed to establish that the act was done by...
Supreme Court E-Committee Conducts First Ever Digital Accessibility ICT Training For Visually Challenged Judicial Officers, Staff
The E-Committee of the Supreme Court of India conducted the first ever Digital Accessibility Information and Communications Technology (ICT) ICT training for Visually challenged Judicial Officers and Court staff on April 17 and 18, 2023 at the Indian Institute of Public Administration (IIPA), New Delhi. Digital accessibility training for the Differently Abled is part of the e-Committee’s...
Govt Servants Required To Be At Disposal Of Govt All The Time; Can't Claim Overtime Allowance Under Factories Act : Supreme Court
The Supreme Court has held that government employees cannot claim double overtime allowance as per the Factories Act, if the service rules do not provide for it.A bench comprising Justices V Ramasubramanian and Pankaj Mithal made this significant ruling while deciding the issue whether employees working as supervisors at the Security Printing & Minting Corporation of India (a company...
Supreme Court Deprecates High Courts Entertaining Writ Petitions In SARFAESI Matters; Frowns Upon Borrowers Approaching HCs To Consider Offers To Banks
The Supreme Court has deprecated the interference of the High Courts in commercial matters, more particularly pertaining to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act, 2002”).The Bench comprising of Justice Sanjiv Khanna and Justice M.M. Sundresh while adjudicating an appeal filed in M/s South Indian Bank Ltd....