Supreme Court

Here u will get all latest & landmark judgements of Supreme Court.

Supreme Court Clarifies Jurisdiction Over Bank Guarantees in Section 9 Arbitration Petitions
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Jurisdiction Over Bank Guarantees in Section 9 Arbitration Petitions

The Supreme Court upheld the High Court's interim order restraining encashment of a bank guarantee during pending Section 9 arbitration proceedings under the Arbitration Act. The Court emphasized that judicial interference with bank guarantees is permissible only to prevent irretrievable injustice, while leaving open questions regarding maintainability of Article 227 petitions against interlocutory orders in arbitration matters. The ruling preserves the arbitral process by directing the Commercial Court to decide the Section 9 petition within eight weeks, subject to continued extension of the bank guarantee validity. The judgment balances contractual sanctity of bank guarantees with equitable considerations in ongoing arbitration. Facts Of The Case: Jindal Steel & Power Ltd. awarded ...
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Supreme Court Clarifies IBC Appeal Deadlines: No Delay Condonation Beyond 45 Days
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies IBC Appeal Deadlines: No Delay Condonation Beyond 45 Days

The Supreme Court held that appeals under Section 61(2) of the Insolvency and Bankruptcy Code (IBC) must strictly adhere to the 30-day limitation period, extendable by only 15 days upon showing "sufficient cause." The NCLAT cannot condone delays beyond this 45-day window, as the IBC’s time-bound framework overrides equitable considerations. Facts Of The Case: Tata Steel’s resolution plan for Rohit Ferro-Tech Ltd. was approved by the NCLT on 07.04.2022. Respondent No. 1, a minority shareholder, filed an appeal before the NCLAT on 23.05.2022 (e-filing) and 24.05.2022 (physical filing), seeking condonation of a 15-day delay. The NCLAT allowed the delay, citing Section 4 of the Limitation Act, 1963, as the 30-day period ended on a court holiday (08.05.2022, a Sunday). Tata Steel challenged t...
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Supreme Court Upholds ‘Belting Method’ : Orders Equal Compensation for Adjacent Villages in Haryana Land Acquisition Case
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds ‘Belting Method’ : Orders Equal Compensation for Adjacent Villages in Haryana Land Acquisition Case

The Supreme Court ruled that adjacent villages with similar locational advantages must receive equal compensation in land acquisition cases, rejecting artificial disparities. It upheld the "belting method" for valuation but emphasized parity between villages Kukrola and Fazalwas near NH-8. The Court affirmed 10% annual escalation on sale exemplars and disallowed development cuts for highway-adjacent "inner belt" lands, while maintaining 30% cuts for interior plots. The judgment reinforces equitable compensation principles under the Land Acquisition Act, 1894. Facts Of The Case: The case arose from land acquisition proceedings initiated by the Haryana government in 2008 for developing the Chaudhary Devi Lal Industrial Model Township near Gurgaon. A common Section 4 notification under the ...
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Supreme Court Rules on Seized Sonography Machine: Order to Unseal Medical Equipment Despite Pending Appeal
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Seized Sonography Machine: Order to Unseal Medical Equipment Despite Pending Appeal

The Supreme Court upheld the Gujarat High Court's order directing the release of a seized sonography machine, despite pending appeals under the PC & PNDT Act. The Court ruled that indefinite sealing of equipment is unjustified after the accused's acquittal, balancing investigative needs with the respondent's right to livelihood under Section 451 CrPC. It clarified that Section 29 of the Act does not mandate perpetual preservation of seized property during protracted litigation. The judgment emphasized pragmatic disposal of case property while safeguarding evidentiary interests through conditional data retrieval. Facts Of The Case: The case originated from a 2009 sting operation where respondent Dr. Kaushik Babulal Shah, a radiologist, was accused of violating the PC & PNDT Act by...
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Supreme Court Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case

The Supreme Court held that the Trial Court correctly exercised its power under Section 319 CrPC to summon the accused based on sworn testimony and corroborative evidence, which disclosed a prima facie case of abetment to suicide under Section 306 IPC. The High Court erred in setting aside the summoning order by prematurely evaluating an untested alibi and disregarding live evidence. The Court emphasized that the burden of proving an alibi lies on the accused and must be adjudicated during trial, not at the threshold. The judgment reaffirmed the constructive and purposive interpretation of Section 319 CrPC to ensure no guilty person escapes trial. Facts Of The Case: On March 13, 2016, an acid attack was committed against Dharminder Singh by ten persons, leading to the registration ...
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Supreme Court Acquits Accused in Cheque Dishonour Case After Full Repayment : Section 138 Negotiable Instruments Act, 1881
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case After Full Repayment : Section 138 Negotiable Instruments Act, 1881

The Supreme Court allowed the criminal appeal, setting aside the High Court's conviction under Section 138 of the Negotiable Instruments Act, 1881, and acquitted the accused. The Court held that the Goa Money-Lenders Act, 2001 provided a valid defense, as the complainant engaged in unlicensed money-lending. Exercising powers under Article 142 of the Constitution, the Court compounded the offence, noting full repayment of the cheque amount and compensation. The judgment underscores that statutory violations by complainants can vitiate prosecutions under the NI Act. Facts Of The Case: The case arose from a cheque dishonour complaint filed by respondent Govind Prabhugaonkar against appellant Rajendra Varik under Section 138 of the Negotiable Instruments Act, 1881. The trial court convicted ...
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Supreme Court Clarifies HUF Property Partition Rights: Rejects Daughter’s Claim Due to Prior Settlements
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies HUF Property Partition Rights: Rejects Daughter’s Claim Due to Prior Settlements

The Supreme Court dismissed the appeal, upholding the dismissal of the partition suit under Order XII Rule 6 CPC, emphasizing that the court can dismiss a suit based on admissions without a formal application. It ruled that the decrees from prior suits, which were never challenged, conclusively determined the ownership of the properties, barring any fresh claims. The Court held that the amended Section 6 of the Hindu Succession Act, 1956, did not apply as the properties were partitioned before the cutoff date of 20th December 2004. Additionally, the suit for Anand Niketan house was barred by limitation, and the claims lacked sufficient pleadings to establish an HUF or coparcenary rights. The judgment reinforced the finality of unappealed decrees and the necessity of precise pleadings in pa...
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Supreme Court Invokes Article 142 : Dissolves Marriage After 12+ Years of Separation “Irretrievable Breakdown”
7May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Invokes Article 142 : Dissolves Marriage After 12+ Years of Separation “Irretrievable Breakdown”

The Supreme Court, invoking Article 142 of the Constitution, dissolved the marriage on grounds of irretrievable breakdown, despite the absence of statutory provisions under the Hindu Marriage Act, 1955. Relying on precedents like Shilpa Sailesh v. Varun Sreenivasan, the Court emphasized prolonged separation (12+ years) and failed reconciliation attempts as justification, prioritizing an end to protracted litigation over traditional fault-based grounds. No alimony was awarded as the wife waived her claim. Facts Of The Case: The case involves a matrimonial dispute between Kumari Rekha (appellant-wife) and Shambhu Saran Paswan (respondent-husband), whose marriage was solemnized on 24th April 1999. They had a daughter born on 7th June 2001, but the couple had been living separately for over ...
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Supreme Court Protects Scheduled Caste Status: Caste Certificate Validity Can’t Be Challenged in Election Petitions
6May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Scheduled Caste Status: Caste Certificate Validity Can’t Be Challenged in Election Petitions

The Supreme Court ruled that a caste certificate issued under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, cannot be challenged in an election petition unless expressly permitted by statute. The burden of proof remains on the election petitioner to establish disqualification beyond reasonable doubt. The Court held that allegations of conversion must be proved conclusively, and mere rituals do not determine religious status. The judgment reaffirmed that election petitions require strict compliance with pleadings and evidence standards akin to criminal proceedings. The High Court's decision was overturned for shifting the burden incorrectly and relying on unsubstantiated claims. Facts Of The Case: The case involves an appeal ...
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Supreme Court Rules: Insured Can Challenge ‘Full Settlement’ Under Arbitration Clause
6May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Insured Can Challenge ‘Full Settlement’ Under Arbitration Clause

The Supreme Court held that signing a full and final discharge voucher under financial duress does not extinguish arbitration rights if the validity of the settlement is challenged. Following Boghara Polyfab and SBI General Insurance, it ruled that arbitral tribunals must examine coercion claims, and courts under Section 11(6) of the Arbitration Act need only confirm the existence of an arbitration agreement. The judgment reaffirms that "accord and satisfaction" does not automatically nullify arbitration clauses unless expressly agreed, emphasizing minimal judicial interference at the referral stage. Economic duress and arbitrability are left for the tribunal’s determination. Facts Of The Case: The appellant, Arabian Exports Private Limited, engaged in meat exports, suffered ...
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