This volume of the Supreme Court Cases (SCC), Part 4 of Volume 9, embodies landmark cases decided by the Supreme Court on execution of eviction decree, compensation in motor accidents, commercial speech, remission, limitation for filing appeal to NCLAT, and more.
Civil Procedure Code, 1908 — Or. 21 Rr. 35, 36, 97 to 105 and Sch. Appendix E Form 40 — Execution of eviction decree under R. 35: Law clarified on locus standi to maintain objection as to execution of decree for specific performance and possession. Guidelines and directions for conduct of execution proceedings, issued, [Periyammal v. V. Rajamani, (2025) 9 SCC 568]
Constitution of India — Arts. 19(1)(a) and (2) — Commercial speech guaranteed as part of freedom of speech under Art. 19(1)(a): Concomitant and corresponding right thereto, held, is that of consumers to protest and dissent peacefully against seller/provider without falling foul of the law. Any attempt to portray such protest or dissent as criminal offences, when the necessary ingredients are not made out, would be a clear abuse of process and should be nipped in the bud, [Shahed Kamal v. A. Surti Developers (P) Ltd., (2025) 9 SCC 547]
Criminal Procedure Code, 1973 — Ss. 386(b) & (d), first and second provisos and S. 401(4) and Ss. 374, 377, 378 r/w S. 372, proviso — Sentence — Remission of matter for enhancement: Firstly, appellate court, in an appeal filed by the accused, while maintaining the conviction, cannot enhance the sentence. Secondly, while exercising its appellate jurisdiction at the instance of the convict, the High Court, held, cannot act as a revisional court, particularly, when no appeal or revision filed either by the State, victim or complainant for seeking enhancement of sentence against accused, [Sachin v. State of Maharashtra, (2025) 9 SCC 507]
Insolvency and Bankruptcy Code, 2016 — S. 61(2) — Limitation for filing appeal to NCLAT: Issuance of notice of appeal by NCLAT beyond the prescribed and condonable periods (i.e. 30+ 15 days), not permissible, [Safire Technologies (P) Ltd. v. Regional Provident Fund Commr., (2025) 9 SCC 504]
Insolvency and Bankruptcy Code, 2016 — S. 61(2) — Limitation period for filing appeal to NCLAT — Computation of: Benefit of S. 4 of the Limitation Act, namely, exclusion of the day which falls on the last day of limitation period, when court/tribunal is closed is not available, when benefit of condonable period (15 days) beyond prescribed limitation period (30 days) is sought to be taken, [Tata Steel Ltd. v. Raj Kumar Banerjee, (2025) 9 SCC 483]
Motor Vehicles Act, 1988 — Ss. 166 and 168 — Compensation — Enhancement of compensation: Compensation enhanced where appellant, young boy aged 21 yrs, aspiring to be Veterinary doctor and pursuing studies to that effect, a good sportsman, and also possessing certain technical qualifications, suffering quadriplegia in motor accident, resulting in 100% disability, [Parminder Singh v. Honey Goyal, (2025) 9 SCC 539]