Whether Auction Purchasers In Pursuance Of Decree Will Have Preferential Right Over Purchaser Of Mortgaged Property Under SAFRAESI? Supreme Court To Consider

The Supreme Court recently agreed to consider as to whether auction purchasers in pursuance of a decree will have a preferential right qua the mortgage property or not. The bench of Justices Hemant Gupta and V Ramasubramanian agreed to consider the issue while dealing with the SLP assailing Madras High Court's order dated April 15, 2021. Appearing for the petitioner,...

'Prima Facie No Material': Kerala High Court Grants Pre-Arrest Bail To Dileep In Murder Conspiracy Case [Updated With Judgment]

I am of the opinion, prima facie, that at present, there is no material to suggest that the accused had committed the offence of criminal conspiracy", Justice Gopinath noted in the order.

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

The Court said that such a discrepancy may be a defence in trial.

Supreme Court Weekly Roundup [January 31- February 6]

Judgements This Week 1. Rules Made To Exercise Powers And Privileges Of State Legislature Constitute Law Within The Meaning Of Article 13: Supreme CourtCase Title: Ashish Shelar And Ors. Versus The Maharashtra Legislative Assembly & Anr.| W.P.(C) No. 797/2021 & Connected CasesCitation : 2022 LiveLaw (SC) 91In its judgment quashing Maharashtra Assembly's Resolution to suspend 12 BJP...

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same may be dismissed as withdrawn. Therefore,...

Case Of Fabrication of Documents Can't Be Quashed Saying There Is No Revenue Loss To State: Supreme Court

The Supreme Court recently set aside the High Court's order which gave an effect to the reasoning that fabrication of documents was permissible if it did not cause loss to the revenue. The bench of Justices SK Kaul and MM Sundresh was considering a criminal appeal assailing Andhra Pradesh High Court's order dated November 9, 2011. While setting aside the order, the bench...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-101]

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'Citizens Can't Be Intolerant To the Extent That They Cannot Withstand Printing Prime Minister's Photograph On A Certificate' : Kerala High Court

While dismissing an appeal, the Court also ruled that individual Fundamental Right is subservient to the larger public interest.

Plea In Supreme Court For Loan Moratorium Amid COVID 3rd Wave

A lawyer has moved the Supreme Court of India seeking directions to the Union of India and RBI to consider his representation urging them to adopt measures like loan moratorium which could sufficiently redress the financial stress faced by the borrowers during Covid19.The relief has been sought by Advocate Vishal Tiwari through an introlocutory application filed in the earlier writ petition...

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction of the accused for the offence...

UPSC Civil Service Exams:How Many Differently Abled Candidates Deserved To Selected On Merit Without Quota In 2008 CSE? Supreme Court Asks Centre

The Supreme Court on Tuesday asked the Union Government to file an affidavit regarding compliance with the Central Administrative Tribunal's order of directing to undertake the exercise of determining as to how many differently abled candidates who participated in CSE 2008 and other examinations deserved to be selected on the basis of their own merit without the PWD quotaThe bench of...

Law Made By A Legislature Is Valid Till It Is Declared Unconstitutional By A Court Of Law: Supreme Court

The Supreme Court observed that a law passed by the legislature is good law till it is declared as unconstitutional by a competent Court or till it is repealed.The very declaration by a Court that a statute is unconstitutional obliterates the statute entirely as though it had never been passed, the bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed.The court...