Execution Court Cannot Travel Beyond Decree To Grant Unintended Reliefs: Supreme Court

A litigant cannot claim in execution benefits that were never sought in the original proceedings, the court added.

SARFAESI | Earnest Money Deposit Shortfall Doesn't Vitiate Sale If 25% Sale Price Paid On Auction Day : Supreme Court

The Supreme Court has held that an auction sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be set aside merely due to a shortfall in depositing of an earnest money deposit. The Court said that once the auction purchaser complies with the statutory mandate to deposit 25% mark of the sale price on the same day of auction, then a mere shortfall in deposit of EMD pales into insignificance. A bench of Justice Pamidighantam...

Order 7 Rule 11 CPC | Plaint Can Be Rejected At Threshold When Limitation Bar Is Obvious From Pleadings : Supreme Court

The Supreme Court has held that a plaint can be rejected at the threshold stage if the pleadings make it evident that the plaint is barred by limitation. “…the Court cannot be hesitant in granting relief of rejection of a plaint when it is so obvious from the pleadings itself.”, observed a bench of Justice JB Pardiwala and Justice K Vinod Chandran. The Court said that while limitation is generally a mixed question of fact and law which requires adjudication in trial, however, where the facts...

'Industry' Definition : No Clear Majority Emerges From Supreme Court Judgment, Only 4 Out Of 9 Judges Back New Test

The verdict has a 4-4-1 outcome regarding the correctness of the 1978 judgment in the Bangalore Water Supply case.

'Homemakers' Rights, Protection For Live-Ins, Blackmoney Curbs' : Activist Judgments Of Justice Sanjay Karol

Supreme Court Judge Justice Sanjay Karol demitted office on August 22 after more than three-and-a-half years at the Supreme Court and over 19 years as a judge of the constitutional courts. Justice Karol leaves behind a body of judgments that frequently travelled beyond the immediate dispute before the Court. A recurring feature of his judicial work has been the willingness to treat an individual case not merely as a contest between two parties, but as an opportunity to examine a larger...

Pendency Of Criminal Case No Ground To Discharge Public Servant: Supreme Court

The Court also observed that release on probation does not bar disciplinary proceedings against the officer.

Supreme Court Sets Aside NGT Order Holding 'Art Of Living' Liable For Yamuna Riverplain Damage; Directs Rs 5 Crore Refund

The Supreme Court today(August 22) set aside an order of the National Green Tribunal, which directed Sri Sri Ravi Shankar's Art of Living International Centre to pay Rs. 5 crore for the damage caused to the river Yamuna floodplains due to its World Culture Festival organised by Vyakti Vikas Kendra in March 2016.A bench comprising Justice Satish Chandra Sharma and Justice NK Singh, allowed the appeal filed by Vyakti Vikas Kendra, an entity running the Art of Living International Centre, against...

'Child Witness Testimony Not Convincing' : Supreme Court Sets Aside Murder Conviction

The Supreme Court on Thursday (August 20) overturned the murder conviction of a man accused of killing his wife and child, after finding that the child witness testimony relied upon by the trial court was suspect to tutoring and unsupported by any corroborating material.A bench of Justice Sanjay Karol and Justice Augustine George Masih set aside the Madhya Pradesh High Court's judgment which...

Mere Mutation In Revenue Records Cannot Extinguish One's Title In Property: Supreme Court

The Supreme Court on Thursday (August 20) reiterated that a revenue record entry neither creates nor extinguishes title to immovable property. A bench of Justice Sanjay Karol and Justice Augustine George Masih heard a case in which title rights in a joint family property were declared extinguished because of a subsequent entry in the revenue records in the name of another person. The...

Multiplier Method Under Motor Vehicles Act Cannot Be Applied To Electrocution Death Cases : Supreme Court

The Supreme Court recently clarified that the multiplier method used in computing compensation in motor accident claim cases cannot be applied for computing compensation in electrocution death cases. “…the multiplier method cannot be applied to determine compensation in cases of electrocution. Since the calculation paradigm as provided for in connection with the Motor Vehicles Act, 1988...

Reserved Candidate Selected On Open Merit Can Claim Better Reserved-Category Post Than Reserved Candidate Having Lower Marks: Supreme Court

The Supreme Court recently observed that a candidate belonging to a reserved category, who is otherwise eligible and has been selected in the open category on merit, is entitled to a better post under the reserved category than a reserved-category candidate who has secured lower marks.The bench of Justice MM Sundresh and Justice Prasanna B Varale said the legal position was settled and had...

Contract Act | Limits Of Agent's Authority : Supreme Court Explains Law Of Agency

The Supreme Court has held that an agent's implied authority cannot extend to enlarging a risk or dispensing with a statutory precondition which the principal itself is not permitted to assume. The observation was made while hearing an appeal filed against an order passed by the National Consumer Disputes Redressal Commission (NCDRC), wherein the Commission had directed the appellant to pay...