Supreme court
Supreme Court Dismisses Airports Authority's Appeal Against Service Tax Levy For Cargo Handling
The Supreme Court on Tuesday dismissed an appeal filed by the Airports Authority of India (AAI) challenging the levy of service tax on services rendered in handling export cargo, ruling that such services fall within the ambit of “taxable services” under the Finance Act, 1994.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale held that while “handling of export cargo”...
Supreme Court Summarises Principles On Retrospective Application Of Laws
In a recent judgment, the Supreme Court summarised the principles on retrospective application of legislations.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made the discussion while holding that the 2016 amendment to Section 13(8) of the SARFAESI Act will apply to loans taken before the amendment came into force, if the default took place after the amendment.The...
SARFAESI | Supreme Court Explains "Publication Of Notice" Which Extinguishes Borrower's Redemption Right Under Section 13(8)
The Supreme Court held that the publication of notice, which will extinguish a borrower's right to redeem the mortgage as per Section 13(8) of the SARFAESI Act, is not confined to newspaper publication alone. For the purpose of the amended Section 13(8) of the SARFAESI Act, the expression “before the date of publication” used, has to be construed to refer and mean the publication of a...
No Export Duty On Transfer From Domestic Tariff Area To SEZ : Supreme Court Dismisses Union's Appeal Against Adani Power
Observing that the movement of goods from a Domestic Tariff Area (DTA) to a Special Economic Zone (SEZ) is a domestic supply and not an export outside India, the Supreme Court provided relief to Adani Power Ltd. and other entities from paying export duty under the Customs Act, 1962, for the movement of goods from DTA to SEZ. A bench of Justice BV Nagarathna and Justice R Mahadevan dismissed...
Supreme Court Directs MP High Court To Conclude Civil Judge Recruitment Process As Per 2023 Advertisement Soon
The Supreme Court today side aside the June 2024 order of the Madhya Pradesh High Court, which had directed re-computation of marks and weeding out of "ineligible candidates", who do not satisfy the Amended Recruitment Rules, from the main examination for Civil Judge entry-level posts. A bench comprising Justice PS Narasimha and Justice AS Chandurkar noted that no ineligible candidates...
SARFAESI Act | Supreme Court Flags Inconsistency Between S.13(8) Act & Rules On Borrower's Redemption Right, Urges Govt To Amend
The Supreme Court on Monday (Sep. 22) flagged a significant inconsistency between the SARFAESI Act, 2002 ("Act") and the Rules concerning the borrower's right of redemption after the 2016 amendment. A bench of Justice JB Pardiwala and Justice R Mahadevan heard the case arising out of the Madras High Court's decision which had quashed a sale certificate issued in favour of auction...
High Court's Inherent Power Can Be Invoked To Cancel Bail After Sessions Court's Dismissal Of S.439(2) CrPC Plea : Supreme Court
The Supreme Court has held that a plea for cancellation of bail can be moved before the High Court by invoking its powers under Section 439(2) read with Section 482 of the Code of Criminal Procedure, even if the Sessions Court has already declined a cancellation application under Section 439(2).The Court rejected the contention that once a Sessions Court declines an application under...
SARFAESI Act | 2016 Amendment To S. 13(8) Applies To Pre-Amendment Loans If Default Occurred After That: Supreme Court
The Supreme Court held that the 2016 amendment to Section 13(8) of the SARFAESI Act, which extinguishes a borrower's right of redemption once the secured creditor publishes an auction notice, will apply even to loans taken before the amendment came into force, provided the default occurred after September 1, 2016(the date when the amendment came into force).A Bench of Justices J.B. Pardiwala...
S. 27 Evidence Act | Simultaneous Disclosure Statements Made By Multiple Accused Need Greater Scrutiny: Supreme Court
The Supreme Court on Monday (Sep. 22) observed that for joint disclosure statements, made by multiple accused simultaneously, to become admissible under Section 27 of the Evidence Act, high scrutiny is needed to rule out the possibilities of tutoring of the accused. The Court added that while simultaneous disclosure statements can be legally admissible, courts must exercise heightened...
'Antecedents Alone Not Ground To Cancel Bail': Supreme Court Restores Bail To Accused In SDPI Leader Shan Murder Case
The Supreme Court on Monday (September 22) set aside the judgment of the Kerala High Court, which cancelled the bail granted to five persons who are accused of murdering the then Social Democratic Party of India (SDPI) State Secretary KS Shan in December 2021.A bench comprising Justice Dipankar Datta and Justice AG Masih granted bail to five accused, who are alleged to be members of the RSS....
Supreme Court Weekly Roundup: September 15, 2025 To September 21, 2025
Reports/JudgmentsWaqf Amendment Act 2025 : Supreme Court Stays Certain ProvisionsCase Details: In Re The Waqf (Amendment) Act, 2025 | W.P.(C) No. 276/2025Citation: 2025 LiveLaw (SC) 909The Supreme Court stayed certain provisions of the Waqf (Amendment) Act 2025, while observing that several other provisions did not require any interference at the interim stage.The key points from the...