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SARFAESI | Earnest Money Deposit Shortfall Doesn't Vitiate Sale If 25% Sale Price Paid On Auction Day : Supreme Court
The Supreme Court has held that an auction sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be set aside merely due to a shortfall in depositing of an earnest money deposit. The Court said that once the auction purchaser complies with the statutory mandate to deposit 25% mark of the sale price on the same day of...
Order 7 Rule 11 CPC | Plaint Can Be Rejected At Threshold When Limitation Bar Is Obvious From Pleadings : Supreme Court
The Supreme Court has held that a plaint can be rejected at the threshold stage if the pleadings make it evident that the plaint is barred by limitation. “…the Court cannot be hesitant in granting relief of rejection of a plaint when it is so obvious from the pleadings itself.”, observed a bench of Justice JB Pardiwala and Justice K Vinod Chandran. The Court said that while limitation...
Can 'Culture' Justify Religious Rituals At State Functions? Constitutional Examination Of Bhumi Pujan Ceremonies
The participation of government and constitutional functionaries, such as the Prime Minister, Judges, Chief Ministers, Governors, and Ministers in bhumi pujan, havan, coconut-breaking ceremonies, Vedic chanting, and other Hindu religious rituals before the stone-laying foundation or inauguration ceremonies of public infrastructure has become so common in India that it rarely attracts serious constitutional scrutiny. Be it laying of foundation stones for highways, bridges, hospitals, educational...
Southern States' Votes Could Become 'Of Little Value' After Population Based Delimitation: Justice KM Joseph
Former Supreme Court judge Justice K.M. Joseph recently raised concerns over the delimitation exercise that is expected to follow a fresh census, warning that a population-based redistribution of parliamentary seats could reduce the relative value of votes in southern States.Justice Joseph raised the issue while discussing the principle of “consent of the governed” underlying the...
'Homemakers' Rights, Protection For Live-Ins, Blackmoney Curbs' : Activist Judgments Of Justice Sanjay Karol
Supreme Court Judge Justice Sanjay Karol demitted office on August 22 after more than three-and-a-half years at the Supreme Court and over 19 years as a judge of the constitutional courts. Justice Karol leaves behind a body of judgments that frequently travelled beyond the immediate dispute before the Court. A recurring feature of his judicial work has been the willingness to treat an...
Judges Are Not Gods; Won't Get Every Judgment Right : Justice Sanjay Karol In Farewell Speech
Supreme Court judge Justice Sanjay Karol, on his last working day, said judges are not gods and must recognise the limits of their own judgment while ensuring that they see the person behind every case and not merely the petition before them.“We, as judges, are not gods. I only speak about myself. And we will not get every judgment right. What was always in our hands was simpler – to see...
'Shocking Pendency' Of Criminal Appeals In Jharkhand High Court: Supreme Court Flags 44-Year Delay in Murder Case
The Supreme Court has flagged the “shocking pendency” of criminal appeals before the Jharkhand High Court after a murder case arising from a 1981 incident remained in the judicial system for nearly 44 years.A Bench of Justice JB Pardiwala and Justice K Vinod Chandran, while hearing an appeal filed by on Simon Soren against the Jharkhand High Court's 2024 judgment convicting him in...
