Supreme Court Archives | Page 78 of 177

Borrower’s offer to pay Rs.71 lakhs as a purchaser of mortgaged property will not discharge him from entire outstanding liability of approx 1.8 crores: SC

Supreme Court: The Division Bench of M. R. Shah* and Sanjiv Khanna, JJ., held that the entire liability outstanding against the borrower

Case Briefs Supreme Court

Advocate an officer of the Court; May be appointed by CMM/DM to assist in execution of order passed under Section 14(1) of SARFAESI: SC

Supreme Court: Holding Advocates to be officers of the Court, the bench of AM Khanwilkar* and CT Ravikumar, JJ t has held

Case Briefs Supreme Court

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”

Appointments & Transfers Case Briefs News Supreme Court

Supreme Court invites applications seeking conferment of designation of Senior Advocates

On 25.02.2022, the Supreme Court has invited applications seeking conferment of designation of Senior Advocates from retired Chief Justices/ Judges of High

Case Briefs Supreme Court

Merely writing “cancelled” on registered power of attorney wouldn’t make it null and void: Supreme Court

Supreme Court: The Division Bench of K.M. Joseph* and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “cancelled” or drawing

Case Briefs Supreme Court

Compassionate Appointment cannot be denied to children born from the second wife of a deceased employee: SC

“A policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant.”

Case Briefs Supreme Court

Default/Delay in payment of EPF by employer: Mens rea or actus reus not an essential element for imposing civil penalty/damages

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that any default or delay in the payment

Case Briefs Supreme Court

Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance

Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee

Case Briefs Supreme Court

Can sale pursuant to a public auction, be set aside at the instance of strangers to the auction proceeding? SC decides

Supreme Court of India: While deliberating on the instant appeals expressing grievance over the judgment of Andhra Pradesh HC (Amravati) wherein it

Case Briefs Supreme Court

Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997: SC

Supreme Court: While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah*

Case Briefs Supreme Court

“Shylock has received their promised pound of flesh but they seem to want more”; Bank entitled to withhold payment where Bond holder’s title is clouded as fraudulent: SC

Supreme Court: The Division Bench of Hrishikesh Roy* and R. Subhash Reddy, JJ., while deciding on an appeal challenging dismissal of suit

Case Briefs Supreme Court

Is unstamped Arbitration Agreement enforceable? SC holds question being pending before larger Bench will not hinder arbitration proceedings unless issue indicates existence of deadwood

Supreme Court: While addressing the issue related to jurisdiction of Court under Section 11(6) of the A&C Act, the 3-judge Bench comprising

Case Briefs Supreme Court

Explained| Does Army Act provide lesser punishment even for serious offences? Is a person not tried by Court Martial but by a Criminal Court at a disadvantageous position?

Supreme Court: In a case where it was argued before the bench of Dr. DY Chandrachud* and Surya Kant, JJ that in

Case Briefs Supreme Court

Fraudulent Trading| SEBI must disclose all relevant material, including Investigation Report, to noticee except certain sensitive information: SC

Supreme Court: In a case where the Court was dealing with the violation of the provisions of the SEBI (Prohibition of Fraudulent

Case Briefs Supreme Court

Explained| Can a State Government deviate from prescribed qualifications in Regns. 6 and 7 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010?

Supreme Court of India: While deciding the instant petition wherein the division bench of L. Nageshwar Rao and B.R. Gavai, JJ., had

Case Briefs Supreme Court

Applications under Section 156 (3) Cr.P.C. being filed only to harass other; Filing of affidavit a must: SC

Supreme Court: In a case where the Magistrate had passed an order under Section 156(3) CrPC even in absence of an affidavit

Case Briefs Supreme Court

Divorce| Can long Separation lead to inference regarding desertion in all cases? Supreme Court decides

Supreme Court: In a case where it was argued that merely because husband and wife are staying separately since a long time,

Case Briefs Supreme Court

Minor penalties, without cumulative effect, are still a proof of tainted service record; Benefit of Selection Grade can’t be claimed as a right: SC

Supreme Court: In a case where a former employee of Rajasthan State Road Transport Corporation sought benefit of Selection Grade, 7 years

Case Briefs Supreme Court

“Filing of the charge-sheet within stipulated period is sufficient compliance u/s 167 of CrPC”, SC rejects default bail plea of Rahul Modi, MD of Adarsh Group

Supreme Court: In a loan default case, the Division Bench of L. Nageswara Rao* and B.R. Gavai, JJ., rejected pleas of Rahul

Case Briefs Supreme Court

Economic Offence| 25 crores siphoned off by forging documents and misusing KYCs of employees; SC cancels Delhi HC’s order granting bail to the suspect

Supreme Court: While addressing a case related to systematic fraud by creating the false/forged documents and/or misusing the PAN Cards, Aadhar Cards