Showing 1213 articles
Lawyer Who Threatened Rival Litigant in Court Toilet Gets Off with Warning, Not Suspension: Supreme Court
The Supreme Court has recently passed a significant order regarding a lawyer involved in a misconduct case dating back to 2005. The Court has replaced a one-year suspension imposed by the Bar Council of India with a warning. This case involved serious allegations of assault and threats made by the lawyer inside a…
Cheque Dishonour | Defence That the Complainant Lacks Financial Capacity Should Be Raised in the Accused's Reply Notice: Supreme Court
The Supreme Court has clarified an important legal principle regarding cases under Section 138 of the Negotiable Instruments Act, 1881. The court held that the defense claiming that the complainant lacked the financial capacity to lend the loan should be specifically raised by the accused in their reply to the…
Judgments Operate Retrospectively Unless Expressly Declared Prospective: Supreme Court
The Supreme Court has reaffirmed an important legal principle that all judgments of this Court are presumed to be retrospective unless they explicitly state that their application is prospective. This clarification was made by a bench consisting of Justice Dipankar Datta and Justice Sheel Nagu. The decision emphasizes…
Central Excise | Mere Grouping and Unpacking Do Not Attract Excise Duty; Revenue's ₹17.86 Crore Demand Against Xerox Dismissed: Supreme Court
The Supreme Court has delivered an important judgment clarifying the scope of “manufacture” under the Central Excise Act, 1944. The case involved the Department of Revenue raising a demand of ₹17.86 crore against Xerox India Ltd. for activities related to grouping and unpacking imported photocopier modules before…
Media May Report Court Proceedings, but Audio and Video Clips of Hearings Cannot Be Circulated: Supreme Court
The Supreme Court of India has issued a clarification regarding the reporting of court proceedings by media organizations. The case was filed as a public interest litigation by journalist Harshita Grover, who sought clear guidelines to regulate the use, extraction, editing, circulation, and monetization of…
Punjab SPO Awarded ₹5 Lakh Compensation After Discharge Over Pending Criminal Case: Supreme Court
In a landmark judgment, the Supreme Court has declared that a government employee cannot be dismissed or discharged solely because there is an ongoing criminal case against him. The court emphasized that the mere pendency of criminal proceedings does not justify removal from service. This ruling was delivered while…
Mere Breach of Contract Does Not Amount to Cheating Unless Fraudulent Intention Existed From the Beginning; Criminal Case Quashed: Supreme Court
In a recent landmark judgment, the Supreme Court has clarified that a simple breach of contractual obligations cannot be prosecuted as the offence of cheating under Section 420 of the Indian Penal Code unless there was a fraudulent or dishonest intention from the very beginning of the transaction. The case involved…
Specific Performance of an Agreement to Sell May Be Denied Due to Long Delay: Supreme Court
The Supreme Court has emphasized that a decree for specific performance of an agreement to sell property is not an automatic outcome of a valid contract. The Court clarified that if there is a long time gap between the agreement and final decision, it can become a ground to refuse the equitable relief of specific…
Consider Whether Vehicles Without Insurance Can Be Denied Fuel: Supreme Court
In a landmark judgment aimed at improving road safety and ensuring compliance with vehicle insurance laws, the Supreme Court has directed the Insurance Regulatory and Development Authority (IRDA) and the Ministry of Road Transport & Highways (MoRTH) to develop a pilot project. This project will connect vehicles’…
Gurugram Land Dispute: 436 Bighas Held to Be Validly Vested in Gram Panchayat: Supreme Court
The Supreme Court has delivered a significant verdict in a land dispute in Gurugram, restoring more than 436 bighas of land to the Gram Panchayat. The Court held that the land formed part of the village's shamilat deh (common land) and validly vested in the Panchayat under the Haryana common lands law. Court Overturns…
