Supreme court
Entity Won't Lose Character Of Public Trust By Mere Registration Under Societies Registration Act : Supreme Court
The Supreme Court on Tuesday (Aug. 5) held that there's no bar to a representative suit under Section 92 of the Code of Civil Procedure, 1908 (“CPC”) against a society registered under the Societies Registration Act, 1860 if it qualifies as a 'constructive trust'.Mere registration of a society under the Societies Registration Act, after the entity attained the characteristics of a...
IBC Moratorium Doesn't Bar Voluntary Surrender Of Corporate Debtor's Leased Property To Lessor: Supreme Court
The Supreme Court on Tuesday (August 5) held that the moratorium under the Insolvency and Bankruptcy Code, 2016 (IBC), does not bar the voluntary handover of property leased by the corporate debtor to the lessors if retaining the asset is deemed unviable and the Committee of Creditors (“CoC”) endorses the decision. A bench comprising Justices Sanjay Kumar and S.C. Sharma set aside...
Public Institutions Must Handle Cases Diligently; State Must Have Internal Mechanisms To Monitor Pending Litigations : Supreme Court
The Supreme Court today (Aug. 5) criticized the public entity-Odisha State Financial Corporation (“OSFC”) for its careless and irresponsible approach towards handling the litigation in a long-standing dispute, due to which crores of public money were at risk of illegal disbursement in the form of execution of a decades-old decree. The Court ruled in OSFC's favor while setting aside...
FIR Of Confessional Nature Made By Accused Not Substantive Evidence Of Guilt By Itself: Supreme Court
The Supreme Court on Tuesday (Aug. 5) set aside the conviction of a murder convict, who was convicted based on the confessional FIR registered by him. The Court held that the confessional FIR filed by the appellant, being barred under Section 25 of the Evidence Act, could not by itself form the basis for conviction in the absence of strong corroborative evidence establishing guilt. With the...
Sessions Court Can Summon Additional Accused At Committal Stage Under S.193 CrPC : Supreme Court
The Supreme Court on Tuesday (August 5) held that there is nothing wrong with a Court of Sessions summoning an additional accused to stand trial at the committal stage under Section 193 of the Code of Criminal Procedure.A bench comprising Justice JB Pardiwala and Justice R Mahadevan explained that a Court takes cognizance of the "offence" and not of the "offender" and if the Court, during...
'Education Now An Industry' : Supreme Court Strikes Down Centre's Exemption For Educational Buildings From Environmental Clearance
The Supreme Court today struck down a part of the Centre's January 29, 2025 notification that had exempted construction projects related to industrial sheds, schools, colleges, and hostels from obtaining prior environmental clearance under the Environmental Impact Assessment (EIA) Notification, 2006.A bench of Chief Justice BR Gavai and Justice K Vinod Chandran held that this exemption,...
S.142 NI Act | Cheque Dishonour Complaint To Be Filed Where Payee Maintains Bank Account; Not Place Of Presentation : Supreme Court
The Supreme Court reiterated that the territorial jurisdiction for a complaint for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act is with the Court having jurisdiction over the place where the payee maintains his bank account through which the cheque was delivered for collection. The jurisdiction is not where the cheque was physically presented for...
Electricity Act | Power Purchase Tariff Not Matter Of Agreement; To Be Fixed Statutorily By Commission : Supreme Court Rejects GUVNL Appeals
The Supreme Court on Monday (Aug. 4) observed that the Gujarat Urja Vikas Nigam Limited (GUVNL) must act as a "model citizen" and cannot act like a "Shylock" towards wind energy producers contrary to the State's own renewable energy policy as well as the decision of the State Electricity Regulatory Commission"GUVNL cannot be guided only by its own commercial interests, like a private...