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Power Of Attorney With Agreement To Sell Won't Create Agent's Interest In Property; Such GPA Gets Revoked On Principals' Death : Supreme Court
The Supreme Court ruled that a General Power of Attorney (“POA”) without an interest in favor of the agent becomes revocable upon the principal's death, terminating the agency. Additionally, even if an unregistered agreement to sell was executed alongside the POA, the agent cannot claim ownership, as an agreement to sell does not transfer title or ownership unless it is followed by...
Supreme Court Stays Centre's Notification Exempting Certain Construction Projects From Environmental Clearance
The Supreme Court on Monday (February 24) stayed the central government's notification exempting certain building and construction projects from mandatory prior environmental clearance. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan issued notice returnable on March 28, 2025 in a PIL filed by NGO Vanashakti challenging the notification. The court stated in its order, “In...
Can HCs Declare Suits To Be Barred While Exercising Jurisdiction Under Article 227? Supreme Court To Consider
The Supreme Court is set to consider the issue of whether High Courts under the supervisory jurisdiction under Article 227 of the Constitution can declare a suit filed in trial court as barred, akin to the power under Order 7 Rule 11 of CPC. The bench of Justice PS Narasimha and Justice Manoj Mishra was hearing the challenge to the Madras High Court order which has set aside a suit for...
'Customs Officers' Are Not 'Police Officers', Must Satisfy Higher Threshold Of 'Reasons To Believe' Before Arrest : Supreme Court
Dealing with a challenge to penal provisions of the Customs Act, the Supreme Court today observed that 'customs officers' are not 'police officers' and that they must satisfy a higher threshold of "reasons to believe" before arresting an accused.A bench of CJI Sanjiv Khanna and Justices MM Sundresh, Bela M Trivedi made the observation while delivering verdict in a batch of 279...
GST Act Arrest Can Be Made Without Final Determination Of Tax Liability If There's Sufficient Degree Of Certainty About Offence : Supreme Court
In its judgment dealing with the powers of arrest under the Goods and Services Tax (GST) Act and the Customs Act, the Supreme Court today held that crystallization of tax liability is not mandatory to carry out an arrest. In some cases, when there is sufficient degree of certainty that the amount of tax evaded constitutes an offence, the Commissioner may authorize arrest after...
MSME Act | Procurement Order 2012 Has Force Of Law, Authorities Subject To Judicial Review : Supreme Court
The Supreme Court recently (on February 25) held that the Procurement Order 2012 issued as per the Micro, Small and Medium Enterprises Development Act, 2006, has the force of law and is enforceable.The Court further held that while the MSME Act and the Procurement Order 2012 do not create an 'enforceable right' for an individual MSE, the statutory authorities and administrative bodies...
Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer...
Supreme Court Seeks Centre's Response On Compensation For Those Died Due To COVID Vaccination Adverse Effects
The Supreme Court recently asked the Additional Solicitor General, Aishwarya Bhati, to seek instructions on whether the Union Government wants to formulate a policy for granting compensation to the families of deceased who died due to COVID-19 vaccination. A bench of Justices Vikram Nath and Sandeep Mehta was hearing a Special Leave Petition filed against the Kerala High Court's interim...
Supreme Court To Hear Plea Challenging Gujarat HC's Order Allowing Law Graduates From Unrecognised College To Appear For Judicial Exam
The Supreme Court is scheduled to hear on March 4 the challenge to the Gujarat High Court's interim order allowing two law graduates from unrecognised institutions to appear for the civil judge examinations. The High Court bench of Justice Nirzar S Desai on February 24 directed the State Bar Council to issue provisional certificates of practice to two law graduates, who completed their LL.B....
Deaths Due To Manual Scavenging Expose Claims : Supreme Court Seeks Explanation From Delhi, Kolkata & Hyderabad Authorities
The Supreme Court recently expressed dissatisfaction over the affidavits filed by authorities in Kolkata, Delhi and Hyderabad for failing to explain how and when manual scavenging and manual sewer cleaning would be stopped in their cities. Particularly, the Court has noted that Delhi Jal Board, Kolkata Municipal Corporation and Hyderabad Metropolitan Water & Sewerage Board have not given...
Person Deprived Of Money Has Right To Be Compensated By Payment Of Interest : Supreme Court Explains Doctrine Of Restitution
The Supreme Court recently held that a person deprived of the use of money he was entitled to has the right to be compensated for the deprivation, in the form of interest. “Thus, when a person is deprived of the use of his money to which he is legitimately entitled, he has a right to be compensated for the deprivation which may be called interest or compensation. Interest is paid for...