Supreme Court

Information to Registration Officer on foreigner's bail
Case BriefsSupreme Court

“The power to arrest or detain a foreigner under the Foreigners Act, 1946 is independent of the power of the Criminal Court to grant bail. Notwithstanding the bail granted by a Criminal Court, the power to arrest and detain a foreigner can be exercised, provided the Central Government makes an order in terms of clause (g) of Section 3(2) of the Act.”

Foreigner under CAA
Case BriefsSupreme Court

The petitioner’s case was that he is a Hindu and migrated from Bangladesh prior to 31-12-2014, hence, entitled to have the benefit of Citizenship Amendment Act, 2019 passed by the Parliament and cannot be treated as illegal migrant.

Jurisdiction of Civil Court in parturition suit
Case BriefsSupreme Court

“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”

Judicial interference in arbitration agreement
Case BriefsSupreme Court

The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.

Limitation for title of property
Case BriefsSupreme Court

“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”

Summons under S. 319 CrPC
Case BriefsSupreme Court

“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”

Gauhati HC Permanent Judges
Appointments & TransfersNews

The Collegium recommended the names of 2 Additional Judges to be appointed as Permanent Judges.

Modesty of woman under S. 354 IPC
Case BriefsSupreme Court

“For mens rea to be established, something better than vague statements must be produced before the Court.”

State Govt.’s content by CBI
Case BriefsSupreme Court

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”

Asaram Bapu bail
Hot Off The PressNews

The interim bail has been granted till 31-03-2025.

CIRP Proceedings under IBC
Case BriefsSupreme Court

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”

Supreme Court quashes gift deed
Case BriefsSupreme Court

Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.

Quash proceedings under Art. 226
Case BriefsSupreme Court

“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”

Limitation for filing S. 17 application
Case BriefsSupreme Court

Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.

Embargo on bail under MCOCA
Case BriefsSupreme Court

“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”

vital facts in FIR
Case BriefsSupreme Court

“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”

Taxing expenses incurred by service recipient
Experts CornerTarun Jain (Tax Practitioner)

by Tarun Jain*

Reliance Infratel Financial Creditors
Case BriefsSupreme Court

Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.

Conditioned gift
Case BriefsSupreme Court

“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”

Eviction proceedings before Inquiry Officer
Case BriefsSupreme Court

In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.