Supreme court
S.138 NI Act - Cheque Bounce Case Maintainable Even For Cash Loan Above ₹20,000 : Supreme Court Sets Aside Kerala High Court Ruling
The Supreme Court on Thursday (September 25) set aside the judgment of the Kerala High Court which held that a debt created by a cash transaction above Rupees Twenty Thousand in violation of the Income Tax (IT) Act, 1961 cannot be considered as a "legally enforceable debt" under Section 138 of the Negotiable Instruments Act.A bench comprising Justice Manmohan and Justice NV Anjaria,...
'Interest Charged By Builder Can Be Granted To Buyer' : Supreme Court Enhances Interest Payable On Delayed Handover Of Plot
In an interesting order, the Supreme Court granted relief to homebuyers by enhancing interest from 9% to 18% for the delayed handover of a plot possession, observing that a builder who imposes 18% interest on buyers for delayed payments cannot evade the same liability when failing to deliver possession on time to the consumer. “there is no principle of law that interest in default charged...
Offences Of 'Cheating' & 'Criminal Breach Of Trust' Cannot Co-Exist On Same Allegations : Supreme Court
The Supreme Court observed that the offence of criminal breach of trust and cheating cannot co-exist on the basis of same allegations. The Court said that the offence of cheating (S.420 IPC/S.318 BNS) involves criminal intention from inception; however, for criminal breach of trust (S.406 IPC/S.316 BNS), there is lawful entrustment at the beginning, which is later misappropriated.So, both...
Maintenance & Welfare Of Senior Citizens Act | Age To Be Determined Based On Date Of Application : Supreme Court
The Supreme Court has clarified that the relevant date to determine whether a person qualifies as a “senior citizen” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is the date of filing of the application before the Maintenance Tribunal, not the date of adjudication.A Bench of Justices Vikram Nath and Sandeep Mehta held so while allowing the appeal of...
Criminal Law Can't Be Used To Settle Civil Disputes Or Wreak Vengeance : Supreme Court
The Supreme Court on Wednesday (Sep.24) quashed a criminal case against an individual against whom an FIR was registered in a pure civil dispute by giving it a criminal color. The Court deprecated the growing use of criminal prosecution as a tool for harassment in purely commercial disputes. “Even if the allegations are assumed to be true, they unmistakably arise out of a commercial...
Child Can Be Evicted From Senior Citizen Parent's Property If There's Breach Of Obligation To Maintain Parents : Supreme Court
The Supreme Court reiterated that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has the power to order the eviction of a child from the property of the senior citizen, if there is a breach of obligation to maintain the senior citizen.A Bench of Justices Vikram Nath and Sandeep Mehta allowed the appeal filed by 80-year-old man and his 78-year-old wife,...
'Criminal Complaints In Matrimonial Disputes Need Great Scrutiny' : Supreme Court Quashes Dowry Harassment Case Against Brother-in-Law
The Supreme Court once again reiterated that criminal cases arising out of matrimonial disputes have to be scrutinised with great care, taking into account pragmatic realities.Quashing an FIR lodged by a wife against her brother-in-law alleging offences of dowry harassment, domestic cruelty etc, the Court observed :"Courts have to be careful and cautious in dealing with complaints and must...
S. 31(7)(b) Arbitration Act | Claim For Additional Post-Award Interest Barred When Award Fixes Rate Until Payment : Supreme Court
The Supreme Court on Wednesday (Sep. 24) held that if an arbitral award provides a composite interest rate covering the entire period from the cause of action to payment, the award holder cannot claim additional compound interest at the post-award stage under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (“Act”). Section 31(7)(b) of the Act provides for post-award...
