Tag: Supreme Court Judgement

Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will
9Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will

The Supreme Court held that the High Court erred in framing an additional substantial question of law under Section 100(5) CPC without foundational pleadings, issues, or recorded reasons. A will, once duly executed and proved, must be given effect to, and succession cannot be reopened on a new legal case at the second appeal stage. The testamentary disposition was upheld. Facts Of The Case: The case concerns a dispute over the estate of C.R. Pius and Philomina Pius. The couple executed a registered joint will in 2003, bequeathing their properties to their son, C.P. Francis (the Appellant), subject to the condition that he pay specific monetary sums to his siblings. After the parents' deaths, the other children (Respondents) filed a suit for partition, claiming their parents died intestat...
Read More
Supreme Court Explains When It Can’t Be Trusted :Dying Declaration Sole Basis for Conviction?
7Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains When It Can’t Be Trusted :Dying Declaration Sole Basis for Conviction?

This Supreme Court judgment underscores the indispensable procedural safeguards for a fair trial, particularly the right to effective legal representation. It reiterates that a conviction based solely on a dying declaration requires the court to be fully satisfied of its voluntariness, truthfulness, and that the deceased was in a fit state of mind. The ruling emphasizes that such a declaration cannot form the basis for conviction if it suffers from grave infirmities, such as the lack of a fitness certification from an identified doctor and the recording officer's failure to note his own satisfaction regarding the declarant's condition. Facts Of The Case: On March 31, 2012, Munish Kumar and his brother Amit were returning to their village by car when they were intercepted by two other veh...
Read More
Supreme Court Rules :You Can’t Claim Property with Just a Will or Power of Attorney
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :You Can’t Claim Property with Just a Will or Power of Attorney

This Supreme Court judgment reaffirms that an Agreement to Sell, General Power of Attorney, Will, or receipt of payment does not constitute a transfer of title under the Transfer of Property Act, 1882. Only a duly registered sale deed confers ownership. The doctrine of part-performance under Section 53A is inapplicable without the transferee being in possession, and a Will must be proved in strict compliance with the Indian Succession Act and Evidence Act. Facts Of The Case: The case involved a dispute over a property in Delhi between two brothers, Suresh Chand (Plaintiff) and Ramesh Chand (Defendant No. 1), after the death of their father, Kundan Lal. Suresh claimed ownership of the property based on a set of documents executed by their father on a single day in 1996, including a Genera...
Read More
Supreme Court Relief for Companies: Tax Exemption for Vehicles Confined to Plant Premises
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Relief for Companies: Tax Exemption for Vehicles Confined to Plant Premises

The Supreme Court ruled that motor vehicle tax under the Andhra Pradesh Act is leviable only if a vehicle is used or kept for use in a "public place." It held that restricted industrial premises, inaccessible to the public, do not constitute a public place. Consequently, vehicles operating exclusively within such enclosed areas are not liable for the tax, and a rule creating a presumption of 'use' must be read in harmony with this charging section. Facts Of The Case: The appellant, M/s Tarachand Logistic Solutions Limited, was awarded a contract to operate within the enclosed central dispatch yard of the Visakhapatnam Steel Plant (RINL). Pursuant to this, it deployed 36 registered motor vehicles which, from April 1, 2021, were confined solely to operating inside this restricted premises,...
Read More
Landmark Ruling: Supreme Court Bars Prosecution of Company Directors Without Suing the Company First
30Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Bars Prosecution of Company Directors Without Suing the Company First

The Supreme Court quashed the criminal defamation proceedings against the bank officials. It held that for offences under the Indian Penal Code, there is no concept of vicarious liability. Prosecuting officers without arraigning the company as an accused and without specific allegations of their culpable role is impermissible and an abuse of process. Facts Of The Case: The case originated from a loan default by Phoenix India, which had secured credit facilities from the Bank of Baroda. After the firm's account was classified as a non-performing asset, the Bank initiated recovery under the SARFAESI Act. A critical error occurred when the Bank issued a symbolic possession notice under Section 13(4) of the Act, which inadvertently quoted the outstanding dues as approximately Rs. 56.15 cro...
Read More
Supreme Court Ensures Consumer Rights Are Enforced : No More Paper Decrees
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ensures Consumer Rights Are Enforced : No More Paper Decrees

This judgment addresses an anomaly in Section 25 of the Consumer Protection Act, 1986, as amended in 2002, which inadvertently limited enforcement to "interim orders" only. The Supreme Court applied purposive interpretation to read "any order" in place of "interim order," thereby allowing enforcement of final orders as decrees under CPC Order XXI for the period 2003–2020. It also clarified that appeals against execution orders lie only to the State Commission, with no further appeal. Facts Of The Case: The appellant, Palm Groves Cooperative Housing Society Ltd., comprising flat purchasers, filed a consumer complaint against the respondent builder, M/s Magar Girme and Gaikwad Associates, alleging deficient services and seeking execution of a conveyance deed for the common areas. The Distr...
Read More
Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation

The Supreme Court declined to initiate contempt proceedings, finding the delayed payment of dues, while a violation, was not wilful. It reinforced that contempt jurisdiction cannot be used to adjudicate new claims like pension, which were not part of the original decree. The Court, however, awarded compensatory costs for the protracted litigation. Facts Of The Case: A.K. Jayaprakash, a manager at Nedungadi Bank Ltd., was dismissed from service in 1985 on grounds of alleged irregularities in sanctioning loans and delays in reporting. He challenged this dismissal under the Tamil Nadu Shops and Establishment Act, 1947. The Deputy Commissioner of Labour initially set aside the dismissal and ordered his reinstatement. This decision was repeatedly challenged by the Bank, first in the Madras Hi...
Read More
Supreme Court Curbs “Prove Prejudice” Rule: A Landmark Win for Natural Justice
19Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Curbs “Prove Prejudice” Rule: A Landmark Win for Natural Justice

The Supreme Court ruled that violating mandatory procedural safeguards in disciplinary inquiries, like failing to question an employee on adverse evidence, inherently constitutes prejudice. Relying on undisclosed material, such as a vigilance report, to enhance punishment also violates natural justice. No independent proof of prejudice is required for such fundamental breaches. Facts Of The Case: The appellant, K. Prabhakar Hegde, was a senior officer and Zonal Head of Vijaya Bank (which later merged with Bank of Baroda). In 1999, he was served with notices alleging irregularities in sanctioning temporary overdrafts to various parties. Formal disciplinary proceedings were initiated against him in 2001. An inquiry officer was appointed, who submitted a report holding the charges proved. N...
Read More
Supreme Court Clarifies GST Law: When Can Central and State Authorities Investigate the Same Case?
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies GST Law: When Can Central and State Authorities Investigate the Same Case?

The Supreme Court held that the issuance of a summons under Section 70 of the CGST Act does not constitute the "initiation of proceedings" under Section 6(2)(b). The bar against parallel proceedings is triggered only upon the issuance of a show-cause notice, which formally crystallizes the subject matter and commences adjudication. Facts Of The Case: The petitioner, M/S Armour Security (India) Ltd., a company providing security services, was issued a show-cause notice dated 18.11.2024 by the State GST authority (Respondent No. 2) under Section 73 of the CGST Act. This notice raised a tax demand for the period April 2020-March 2021 on grounds of under-declared tax and excess Input Tax Credit (ITC) claims. Subsequently, on 16.01.2025, the Central GST authority (Respondent No. 1) conducted ...
Read More
Supreme Court Slams Trend of “Transfer Culture” and Baseless Criticism of Judges
13Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Trend of “Transfer Culture” and Baseless Criticism of Judges

The Supreme Court reaffirmed that a lawyer's primary duty is to the court, not the client, especially when allegations scandalize the judiciary. Signing pleadings with unverified, scurrilous remarks against judges constitutes contempt. The Court emphasized that such actions, even under client instruction, violate professional ethics and the majesty of law. Facts Of The Case: In Transfer Petition (Criminal) No. 613 of 2025, the petitioner, N. Peddi Raju, sought to transfer his case, Criminal Petition No. 4162 of 2020, from the Telangana High Court to the Bombay High Court's Nagpur Bench. The primary grounds for this request were allegations of bias and procedural discrimination against the learned Single Judge hearing the matter. The petitioner specifically contended that his argu...
Read More