Supreme court
Supreme Court Annual Digest 2025: SARFAESI Act
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Supreme Court Annual Digest 2025 Framework “Identification by Banks or Creditors” comes first, it is immediately followed by “Identification by the Enterprise”- An MSME may voluntarily initiate proceedings under the FRAMEWORK if it reasonably apprehends business failure...
Mere Presence Of Advocate In Professional Capacity Of Giving Advice Can't Amount To Criminal Intimidation : Supreme Court
The Supreme Court recently quashed a criminal intimidation case against an advocate, holding that advice or suggestions given to a client in the course of professional duties cannot be construed as criminal intimidation. “…the mere presence of a lawyer (appellant in the instant case) in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation.”, observed a bench of Justices Aravind Kumar and Prasanna B Varale. It was the case where the...
Can Employer Claim Income Tax Deduction On Delayed PF-ESI Deposits? Supreme Court To Settle Conflicting Decisions
The Supreme Court agreed to examine the contentious issue under the tax law of whether an employer is entitled to claim income tax deductions for employees' Provident Fund (PF) and Employees' State Insurance (ESI) contributions that are deposited after the prescribed due date. A bench of Justices JB Pardiwala and Sandeep Mehta issued notice in an appeal filed against the Delhi High Court's decision, which held that employees' PF and ESI contributions deposited by the employer after the...
After Client Withdrew Complaint, BCI Disciplinary Committee Couldn't Have Imposed Penalty On Advocate : Supreme Court
The Supreme Court on Thursday (January 29) set aside the Bar Council of India Disciplinary Committee's order holding an advocate guilty of professional misconduct, holding that disciplinary proceedings could not be sustained after the complainant-client had unequivocally withdrawn his complaint and expressed satisfaction with the advocate's conduct. “Once the respondent complainant himself expressed complete satisfaction with the professional services rendered by the appellant-advocate and...
Demolition Of Private Property Must Be Based On Clear Statutory Grounds & Consideration Of All Factors : Supreme Court
Holding that a demolition order affecting property rights under Article 300-A of the Constitution must be founded on clear, cogent, and site-specific evidence of illegality, the Supreme Court on Thursday (January 29) set aside the Calcutta High Court's direction to demolish a fully constructed residential building in Santiniketan, after finding that no material had been placed on record to establish that the construction stood on “khoai” land. “Any interference with privately owned property,...
Supreme Court Annual Digest 2025: Labour Laws
Administrative order punishing a delinquent employee - Certain generic principles governing interference with orders of punishment that are passed following inquiry proceedings have evolved over a period of time. Law is well settled that an administrative order punishing a delinquent employee is not ordinarily subject to correction in judicial review because the disciplinary authority...
Only Civil Court Of Original Jurisdiction Can Extend Arbitral Tribunal's Mandate, Not Referral Courts : Supreme Court
The Supreme Court on Thursday (January 29) held that applications for extending an arbitral tribunal's mandate under Section 29A (4) of the Arbitration & Conciliation Act, 1996 must be filed exclusively before the 'Court' as defined in Section 2(1)(e) i.e., the principal civil court of original jurisdiction, regardless of which authority appointed the arbitrators. A bench of Justices...
Industrial Court Proper Forum To Decide Issues Regarding Contract Labour : Supreme Court
The Supreme Court observed that the Industrial Court established under the Industrial Disputes Act, 1947 is the proper forum for adjudication of the dispute concerning the employment and termination of employment of the contract labour. “…the proper forum is the Industrial Court/Court for adjudicating issues concerning the employment and termination of employment of contract labour.”, observed a bench of Justices Pankaj Mithal and SVN Bhatti relying on the Constitution Bench judgment in Steel...
