Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court
“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”
justice R. mahadevan
Failure to take meaningful steps towards obligations under Development Agreement can’t be protected by S. 14 IBC: Supreme Court
Invocation of insolvency proceedings or the moratorium under the Insolvency and Bankruptcy Code, 2016 cannot become a legal device to indefinitely stall redevelopment. The IBC was never intended to be used as a shield for non-performance at the cost of human rehabilitation.
High Courts must dispose of pending bail applications within 2 months from date of filing; Avoid indefinite adjournments: Supreme Court
“In matters concerning liberty, bail courts must be sensitive and ensure that constitutional ethos is upheld. While docket explosion remains a chronic challenge, cases involving personal liberty deserve precedence”.
Supreme Court issues directives on diverse aspects to ensure improved conditions in Beggars’ Homes across the country; Directs strict compliance
“Beggars’ homes cannot be conceived as quasi-penal facilities. Their role must be restorative, not retributive — places of recovery, skill-building, and reintegration into society”.
Inside Supreme Court decision to cancel bail granted to actor Darshan & other accused persons in Renukaswamy murder case
“Article 14 of the Constitution guarantees equality before the law and prohibits arbitrariness. It mandates that all persons — regardless of their popularity, power, or privilege — are equally subject to the law”.
Supreme Court| No interim injunction to Pernod Ricard for mark ‘Blenders Pride’ against ‘London Pride’ in a trade mark infringement case
The products in the present case are premium and ultra-premium whiskies, targeted at a discerning consumer base, that are likely to exercise greater care in their purchase decisions. The distinct trade dress and packaging reduce any likelihood of confusion.
Supreme Court partly expunges its order restraining Allahabad HC Judge from hearing criminal matters
“We reiterate that whatever was said in our order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people of this country, as that will go a long way in reinforcing the faith that is reposed in us.”
‘One of the worse and most erroneous order’: Supreme Court sets aside Allahabad High Court’s order; remands matter for fresh consideration
“At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable.”
‘Situation in Himachal gone from bad to worse; severe ecological imbalance led to serious natural calamities’; Supreme Court seeks State’s action plan
Himachal Pradesh is witnessing rising average temperatures, shifting snowfall patterns, and an increase in frequency, intensity of extreme weather events, and major causes of destruction are Hydro Power Projects, four lane roads, deforestation, multi-storey buildings, etc. Thus, ecological diversity and growing human demands necessitate immediate sustainable planning and conservation measures.
Hyatt International has ‘permanent establishment’ in India under India-UAE DTAA; liable to pay tax in India: Supreme Court upholds Delhi HC’s decision
“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”
Service Tax Exemption | Whether collection, processing, & storing umbilical cord blood stem cells are ‘healthcare services’? SC answers
Summons and letters were issued to the appellant demanding service tax for the period from 01-07-2012 to 16-02-2014. Furthermore, a show cause notice demanding service tax of Rs. 2,07,29,576 along with interest for services during the afore-stated period was also issued.
Issue of suo motu designation of Senior Advocates by Full Court does not warrant reconsideration: Supreme Court upholds Orissa High Court’s power
“The conferment of Senior Advocate status is a privilege, not an entitlement, and must be governed strictly by the principles of fairness, accountability, and institutional integrity”.
Know Thy Judge | Supreme Court of India: Justice R. Mahadevan’s remarkable career and notable judgments
Justice R. Mahadevan’s journey from a law graduate in Chennai to a Supreme Court Judge is a story of commitment, expertise, and unwavering dedication to the field of law.
‘Right to digital access intrinsic component of right to life & liberty’; SC issues Directives to ease Digital KYC for acid attack victims/visually impaired
“Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life”.
Can a complaint under S. 138 of N.I. Act be transferred from one Court to other for lack of territorial jurisdiction of Court? SC answers
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused
“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”
‘All disabled candidates eligible for scribe’; SC directs Union for effective implementation, setting up of grievance redressal portal and periodic sensitisation
“All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.”
Pollution by Tanneries in Vellore District | SC issues Guidelines; directs State and polluters to compensate affected persons
While Polluters Pay Principle focuses on directly penalizing offenders; the Government Pay Principle emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses.
SC directs State of Jharkhand to formulate Jail Manual incorporating provisions of Model Prison Manual, 2016
Reiterating the call for prison reforms, the Court said that reforms are necessary for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 of the Constitution.
Supreme Court breaks down Order II Rule 2 of CPC, discusses general principles underlying its operation
“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”