Supreme court
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 1979 Trial Court decree for specific performance concerning around five bighas of agricultural land near...
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 a contractor, holding that the Controlling Authority cannot decide who is liable to pay gratuity.A bench of...
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, onwards. A bench of Justice SVN Bhatti and Justice NV Anjaria held that premium received by the assesses...
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 the observations while setting aside the judgements of the Orissa High Court, holding that the accused were...
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...
S. 92 CPC | Civil Court Cannot Pass Interim Orders While Leave Application Is Pending Against Public Trust: Supreme Court
The Supreme Court on Friday (September 18) held that a Civil Court cannot pass protective or preservatory interim orders while an application seeking leave to institute a suit under Section 92 of the Code of Civil Procedure, 1908 is pending. Since, obtaining a prior leave of the court is mandatory to file a representative suit under Section 92 CPC when it is filed by individuals, a bench...
Despite Liquor Ban, Gujarat Witnessed Several Hooch Tragedies : Supreme Court
Complete alcohol ban often drives liquor trade underground, the Court said.
Supreme Court Strikes Down Maharashtra Rules Mandating Additives In Methanol, Issues Directions To Prevent Hooch Tragedies
The Court observed that mixing of additives in methanol was not a proportionate measure to prevent the making of spurious liquor.
Supreme Court Urges Centre & BCI To Frame Regulations For Sexual Harassment Complaints By Women Lawyers In All Courts
The Supreme Court on Friday urged the Union Government and the Bar Council of India (BCI) to jointly draft regulations for addressing sexual harassment complaints by women lawyers practising before High Courts, district courts, Taluka courts, tribunals and other quasi-judicial authorities.A bench of Justice BV Nagarathna and Justice Augustine George Masih observed that the Sexual Harassment...