Supreme court
DRT Must Decide Securitisation Applications Within Statutorily Mandated Timeline : Supreme Court
The Supreme Court recently criticized the Debt Recovery Tribunal, Dehradun, for failing to decide a securitisation application preferred by a Bank within the statutory timeline mandated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act"). After noting that the DRT failed to abide by the strict timelines prescribed...
Supreme Court Raps Plaintiff For Withholding Possession After Receiving ₹2 Crore In Lieu Of Specific Performance, Imposes Rs 10 Lakh Costs
The Supreme Court recently came down heavily on a plaintiff in a specific performance suit who refused to vacate the property even after being awarded ₹2 crore as compensation in lieu of specific performance of a sale agreement.The Court strongly disapproved of the litigant's attempt to exploit the omission in the earlier order,which had not expressly directed the handing over of...
Supreme Court Half Yearly Digest 2025: Land Law
Although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate. Bernard Francis Joseph Vaz v. Government of...
Surrogacy Act Does Not Affect Rights Vested In Couples Who Froze Embryos Before Law Took Effect : Justice Viswanathan's Concurring Judgment
The Supreme Court held that couples who had frozen embryos for surrogacy before the Surrogacy (Regulation) Act, 2021 came into effect on January 25, 2022, had acquired vested rights to surrogacy which the Act could not retrospectively take away.Justice KV Viswanathan, in his concurring opinion, said that by completing the fertilisation process before the statutory cut-off date, the couples...
Supreme Court Notes Conflict Between Forest Rights Act & Forest Conservation Act On Allowing Houses For Tribes; Seeks Union's Stance
The Supreme Court has directed the Union Government to file an affidavit within four weeks clarifying the scope, method, and manner of permitting construction of dwelling houses under the Forest Rights Act, 2006 (“FRA”), in a manner consistent with the Forest (Conservation) Act, 1980 (“FCA”). While the FRA guarantees forest dwellers a 'pucca house,' the FCA imposes restrictions on...
![Supreme Court Weekly Digest September [15 - 23, 2025]](https://www.livelaw.in/h-upload/2025/08/27/500x300_617534-supreme-court-weekly-digest.webp "Supreme Court Weekly Digest September [15 - 23, 2025]")
Supreme Court Weekly Digest September [15 - 23, 2025]
Airports Authorities of India (AAI) - levy of service tax on services rendered in handling export cargo – Held, 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 - While 'handling of export cargo' is excluded from the definition of 'cargo handling service' under Section 65(23) of...
Supreme Court Half Yearly Digest 2025: Service Law
Administrative Tribunals Act, 1985; Section 20 - Time-Barred Claims - A time-barred service dispute cannot be brought within the limitation period by filing a belated representation. When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach...
Armed Forces Tribunal Empowered To Modify Court-Martial Convictions And Impose Lesser Penalties : Supreme Court
The Supreme Court on Friday (October 10) observed that the Armed Forces Tribunal (“AFT”) under the Armed Forces Tribunal Act, 2007 (“Act”) is empowered to substitute the findings of the Court Martial if its findings were excessive, illegal or unjust. “Thus, under Section 15(6) (a) & (b) of the 2007 Act, the Tribunal is empowered to substitute the finding of Court Martial...
Juvenile Justice Act 2000 Applies Retrospectively : Supreme Court Orders Release Of Convict Who Was Juvenile When Crime Was Committed In 1981
The Supreme Court on Thursday (October 9) ordered the release of the murder convict under the Juvenile Justice Act, 2000, after finding he was a juvenile at the time of the commission of the offence in 1981. The Court held that the JJ Act is retrospective in operation, and applies to offences pre-dated the enforcement of the JJ Act, 2000.The Court rejected the State's argument that since...
