Supreme court
'No Private University Can Run As Profit-Making Institution', Supreme Court Seeks Financial Details From All Pvt Universities
The Court has directed the Union and the States to get details from the Universities.
'Arbitration Cannot Be Arbitrary' : Supreme Court Sets Aside Arbitral Tribunal Appointment For Lack Of Consent
The Court quashed the attachment orders passed by the Tribunal noting that the Tribunal's appointment was non-est.
Police Officer Who Arrests Without Furnishing Written Grounds Must Face Departmental Enquiry : Supreme Court
If the accused has to be re-arrested, the further investigation must be carried out by another officer, the Court added.
Supreme Court Mandates Magistrates' Approval For Re-Arrest After First Arrest Is Quashed For Not Furnishing Grounds
The Magistrate can permit re-arrest only by an officer who is different from the officer who made the first illegal arrest.
Inequitable To Undo Sale Executed Pursuant To Specific Performance Decree Decades Ago By Ordering Refund: Supreme Court
The Supreme Court has held that once a decree for specific performance of an agreement to sell has culminated in execution of the sale deed and delivery of possession, the completed transaction cannot be undone by substituting it with an enhanced monetary refund merely to "settle equities".A bench of Justice JB Pardiwala and Justice K Vinod Chandran made the observation while restoring a...
Principal Employer Not Liable To Pay Gratuity To Contractual Workmen; Controlling Authority Can't Decide Who Must Pay : Supreme Court
The Supreme Court has held that a principal employer cannot be held liable to pay gratuity to workers engaged through a contractor when there is no employer-employee relationship between the principal employer and such contractual workmen.The Court set aside a Bombay High Court order holding Oil and Natural Gas Corporation Ltd. (ONGC) liable to pay gratuity to workers engaged through...
Income Tax | CBDT Circular Not Binding On Court : Supreme Court
Reiterating that CBDT circulars are not binding on Courts, the Supreme Court recently dismissed a batch of appeals filed by assessees claiming deductions under Section 80HHC for the premium they received on the sale of their export quota. Section 80HHC provided tax deductions on export profits for Indian companies and resident taxpayers, but no deduction is available from April 1, 2005,...
Supreme Court Acquits 4 Murder Convicts, Says Eyewitnesses Couldn't Have Identified Accused On Pitch-Dark Night
The Supreme Court has acquitted four persons convicted for the 2001 murder of one Dhruba Pradhan in Odisha, holding that the prosecution failed to prove its case either through direct or circumstantial evidence, and that the trial court and the High Court erred in relying on eyewitness testimony that could not withstand scrutiny.A bench of Justices MM Sundresh and Prasanna B Varale made...
Conditional Deposit Won't Stop Interest If Award-Holder Can't Freely Withdraw It: Supreme Court
A deposit pending appeal is not synonymous with payment to the award-holder, the Court stated.
Supreme Court Recommends Law To Govern Court Deposits, Urges Law Commission To Examine
The Court flagged the non-uniform procedure followed by various courts and tribunals in handling deposits made before them.
Buyer Who Purchased Property From Defendant Is Necessary Party In Suit Seeking Declaration Of Tenancy Rights : Supreme Court
The Supreme Court has held that a person who purchases suit property during the pendency of a civil suit, from a party already impleaded as a defendant, is a necessary party to the suit seeking declaration of tenancy status against the property. A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar ruled so while setting aside the order of the Gujarat High Court which had refused...
O 7 Rule 11 CPC | Admissibility Of Document Cannot Be Decided While Considering Rejection Of Plaint : Supreme Court
The Supreme Court has recently held that the question of admissibility of a document relied upon by a plaintiff is a matter to be adjudicated at the trial, and cannot be considered while seeking rejection of a plaint under Order VII Rule 11(a) or (d) of the Code of Civil Procedure, 1908 (CPC).A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar ruled so while allowing an appeal filed...