Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Nominal IndexCitationsRimpa Saha v. District Primary School Council Malda 2025 LiveLaw (SC) 143Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw (SC) 144Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal (C) No.12213/2019 2025 LiveLaw (SC) 145State of Madhya Pradesh v. Dileep 2025 LiveLaw (SC) 146 Bhupinder Singh v. Unitech Ltd., Civil...

Bombay Stamp Act | Agreement To Sell Attracts Stamp Duty If Possession Is Granted : Supreme Court

The Supreme Court today (February 14) observed that an agreement to sell specifying delivery of the possession of the property would be deemed as 'conveyance' and would be subject to the stamp duty as per the Bombay Stamp Act.Emphasizing that stamp duty is levied on the instrument (agreement) and not the transaction, the Court held that even an agreement to sell could attract stamp duty if...

Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsewak Sangh (RSS) to be addressed by the organisation's 'Sarsanghachalak' Mohan Bhagwat in Kolkata. Justice Amrita Sinha allowed the rally to go ahead after the State had denied permission for the same due to the ongoing Madhyamik exams in nearby schools, over the use of loudspeakers.In noting that the rally was scheduled for...

Does The First Proviso to Section 223(1) of the BNSS Apply to An offence Under Section 138 of the N.I. Act?

Sections 200 to 203 of the Code of Criminal Procedure, 1973 (for short 'the Code') deal with “Complaints to Magistrates”. These provisions now stand replaced by Sections 223 to 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').The controversial provisionSection 223(1) of the BNSS states that, a Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such...

Supreme Court To Hear In April Plea To Bring Political Parties Under RTI Act

The Supreme Court is scheduled to hear in April the issue of whether all political parties can be considered as 'public authorities' under the RTI Act,2005. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a batch of pleas seeking directions to bring all political parties as "public authorities" under the Right to Information Act, 2005. Advocate Prashant Bhushan appearing...

Supreme Court Dismisses Plea Of Jayalalithaa's Niece For Return Of Properties Confiscated In Disproportionate Assets Case

The Supreme Court on Friday (February 14) dismissed a petition filed by J Deepa, the niece of former Tamil Nadu Chief Minister J Jayalalithaa, seeking the return of the properties confiscated in the disproportionate assets case against Jayalalithaa.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma refused to interfere with the Karnataka High Court's order refusing...

No Proposal To Amend Civil Procedure Code : Centre Tells Parliament

There is no proposal pending with the Government to amend the Code of Civil Procedure, the Union Ministry of Law and Justice informed the Parliament.The statement was given in reply to a query raised by Member of Parliament (MP) Sanjay Kumar Jha. Law Minister Arjun Ram Meghwal also stated that the National Litigation Policy has not been finalised. The Minister further said that to...

Interest May Be Denied To Party Who Abused Judicial Process : Supreme Court

While interest is usually granted as per Section 34 of the Civil Procedure Code in commercial disputes to account for the time value of money, the Supreme Court clarified that it may be denied in cases where a party's conduct breaches contractual obligations and undermines judicial authority. A bench of Justices Surya Kant and Ujjal Bhuyan denied interest on the refund of the forfeited...

BNSS Allows Supply Of Chargesheet & Case Documents To Victims Free Of Cost : Supreme Court Disposes Of Plea

On the issue of notice to victims/complainants at pre-trial stage, the Court said that it can't direct legislature to enact law in a particular manner.

'Won't Permit Bar To Be Divided On Caste/Religion Lines': Supreme Court In Plea For SC/ST/OBC Reservation In Bengaluru Advocates' Assn

Dealing with pleas seeking reservation in the Advocates' Association, Bengaluru for lawyers belonging to Scheduled Castes/Scheduled Tribes and backward communities, the Supreme Court today expressed that it will neither permit Bar members to be divided on caste/religion lines nor let the issue be politicized."There are serious arguable issues from both sides, which can be deliberated in a...

A Day After Reserving Orders, Supreme Court Re-lists Bangladeshi Immigrants' Deportation Case On Union's Request

A day after reserving judgment in a case raising the issue of indefinite detention of illegal Bangladeshi immigrants in the country, the Supreme Court today re-notified the matter to enable the Union of India to file an additional affidavit containing inputs from the Ministry of External Affairs.A bench of Justices JB Pardiwala and R Mahadevan passed the order upon a mentioning of the case...

MP Iqra Choudhary Approaches Supreme Court Seeking Strict Implementation Of Places Of Worship Act

Samajwadi Party leader and Member of Parliament, Iqra Choudhary has filed a writ petition before the Supreme Court seeking implementation of the Places of Worship Act 1991.The bench of CJI Sanijiv Khanna and Justice Sanjay Kumar today tagged the petition with connected petitions, which challenge the constitutionality of the Places of Worship Act. When the matter was taken, CJI verbally...