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SARFAESI | Bank Can't Forfeit Deposit Made After Auction Purchase When Bidder Wasn't Informed Of Challenge Pending Against Sale : Supreme Court
The Supreme Court has granted relief to an auction purchaser by directing the refund of the deposit made by him, which was forfeited by the bank by invoking Rule 9(5) of Security Interest (Enforcement) Rules, 2002.Rule 9(5) enables the bank to forfeit the deposit amount on default of the auction purchaser to deposit the balance bid amount within the stipulated time. In this case, the...
"It Is Extremely Close To My Heart, Supreme Court To Have New Annexe Building":CJI DY Chandrachud Assures Bar On Shortage Of Spaces
"We are planning to address this severe shortage of space in the Supreme Court by putting up a new annexe building," Chief Justice of India DY Chandrachud revealed while speaking at the SCBA-organised felicitation function for the 8 newly-appointed judges.CJI said the primary emphasis in the new building being designed by PWD is to provide adequate space to the most important stakeholders of...
Mortein Spray, Harpic & Lizol Cleaner- Not Classifiable as ‘Insecticide’ Under KVAT; Dettol A 'Medicament': Supreme Court
The Supreme Court bench comprising Justices M. R. Shah and Krishna Murari has ruled that Mosquito Mats, Coils and Vaporizers, Mortein Insect Killers, Harpic Toilet Cleaner and Lizol Floor Cleaners, are not be classifiable under Entry 44(5) of the 3rd Schedule to the Kerala VAT Act (KVAT), 2003 as ‘insecticides’.While observing that Entry 44(5) of the 3rd Schedule to the Act is a...
Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Advantage Of Delay : Supreme Court To All Authorities
The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. The bench comprising Justice MR Shah passed the direction in a plea by State of Maharashtra challenging a judgment of the Bombay High Court in which the High Court commuted the death sentences imposed on the accused to life imprisonment.In the...
Bombay High Court Refuses To Quash FIR Against Kashmiri Professor Booked For WhatsApp Status Calling Abrogation Of Article 370 "Black Day For J&K"
The Bombay High Court has refused to quash an FIR against a young Kashmiri professor booked for his WhatsApp status terming the abrogation of Article 370 a “black day” for Jammu and Kashmir.A division bench comprising Justices Sunil Shukre and MM Sathaye observed that the status was posted “without giving any reason and without making any critical analysis of the step taken by the...
Supreme Court of India Is A Chief Justice Driven Court, That Has To Change: CJI DY Chandrachud
"I am delighted as chief justice that we are at full strength with the Addition of the last seven appointments. When I became a judge in 2000, one of my chief justices who was from the Patna High Court said you are the last on the bench of 42 judges of the Bombay High Court, as it then stood, so you are the 'Guard Babu', we call the last judge to be appointed as the 'Guard Babu'. We have 7...
Supreme Court’s Research Wing To Assist The Permanent Collegium Secretariat For Appointment Of Judges: Chief Justice Chandrachud
At an event organised by the Supreme Court Bar Association on 11 April, the Chief Justice of India (CJI) Dr. Justice DY Chandrachud has shared the initiatives already taken and his plans to bring more transparency in the working of the Collegium system. He stated that after he took oath as CJI, he ensured that detailed reasons were given in Collegium resolutions, which are uploaded on the...
Supreme Court Directs Ministry Of Women And Child Development To File Status Report Showing Steps Taken To Implement Prohibition Of Child Marriage Act
The Supreme Court directed the Ministry of Women and Child Development to file a status report elucidating steps taken by the union Government to implement the provisions of the Prohibition of Child Marriage Act. The direction was passed by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. At the outset, the counsel for petitioner informed the court that...
Registration Act | Unregistered Agreement To Sell Is Admissible As Evidence In Suit For Specific Performance : Supreme Court
The Supreme Court has held that Section 17(1A) of the Registration Act, 1908 is the only exception to the Proviso of Section 49 of Registration Act. Thus, the Proviso to Section 49 shall apply to the documents other than the ones referred to in Section 17(1A).The Bench comprising of Justice M.R. Shah and Justice Krishna Murari has further held that an unregistered Agreement to Sell, which...
Curbing Use Of Unlicensed Firearms: Supreme Court Seeks Responses Of Centre, States In Suo Motu Case
The Supreme Court of India on Thursday sought responses from all the states, union territories as well as the Union Home Ministry to spell out the steps taken to combat the use of unlicensed firearms.While hearing a suo motu plea about unlicensed firearms in the state of Uttar Pradesh, a Division Bench of Justices KM Joseph and BV Nagarathna termed the problem as a "serious" one....
"A Humane Problem”: Supreme Court Urges DDA To Consider Plea Of Sarojini Nagar Jhuggi Dwellers
Terming it as a “humane problem”, the Supreme Court of India on Tuesday(April 11) urged the Delhi Development Authority to take steps to consider the plight of jhuggi dwellers from Delhi’s Sarojini Nagar.A Bench of Justices KM Joseph and BV Nagarathna orally requested the Additional Solicitor General to "make use of his good offices" to solve the issue. "It's a humane problem. We have...
Supreme Court Asks All Courts & Tribunals To Number Paragraphs In Orders & Judgments
The Supreme Court has made a suggestion to all Courts and Tribunals to number paragraphs in all orders and judgments. A bench comprising Justices Krishna Murari and Ahsanuddin Amanullah made this observation in a judgment after noting that the impugned judgment of the High Court was not numbered paragraph-wise.In this context, the bench referred to the judgments in Shakuntala Shukla v State...