Showing 1213 articles
Representation of the People Act Does Not Apply to Municipal Elections: Supreme Court
In an important judgment concerning election laws, the Supreme Court held that the penal provisions of the Representation of the People Act, 1951 (RPA) do not apply to municipal elections. The Court clarified that if a candidate files a false affidavit during municipal elections, prosecution can still be initiated…
Advocate Cannot Compromise Without Client's Authorisation; Supreme Court Explains Law on Compromise Decree: Supreme Court
In an important judgment concerning compromise decrees, the Supreme Court held that an advocate cannot enter into a settlement or compromise on behalf of a client unless there is clear and express authorisation from the client. The ruling came in the case of Krishna Kumar Ojha & Ors. VERSUS Jitendra Chaudhary & Ors.,…
Citing AI-Generated Fake Precedents Constitutes Advocate Misconduct; Judgments Based on Them Are Void: Supreme Court
In a landmark judgment, the Supreme Court has adopted a zero-tolerance approach against the use of fake or AI-generated judicial precedents in court proceedings. The Court ruled that advocates must verify every judicial citation before relying upon it, and judges must also ensure that only genuine precedents are…
Motor Accident Claims: Supreme Court Lays Down Law on Using ITRs to Assess Victim's Income: Supreme Court
In a significant judgment aimed at bringing uniformity in motor accident compensation cases, the Supreme Court has laid down comprehensive guidelines for determining the annual income of deceased victims while calculating compensation under the Motor Vehicles Act, 1988. The Court clarified how Income Tax Returns…
Prevention of Corruption Act: No Criminal Conspiracy Can Be Inferred Solely from Officer's Presence During Bribe Acceptance: Supreme Court
The Supreme Court has upheld the acquittal of three Central Excise officials in a corruption case, holding that mere recovery of alleged bribe money is not sufficient to convict an accused under the Prevention of Corruption Act. The Court ruled that the prosecution must establish the essential ingredients of demand,…
Delay in Filing Appeal Against Externment Under Chhattisgarh Public Security Act Can Be Condoned Under Section 5 of the Limitation Act: Supreme Court
The Supreme Court has ruled that delay in filing an appeal against an externment order under the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 can be condoned by applying Section 5 of the Limitation Act, 1963, unless the special law specifically excludes its application. The judgment was delivered by a Bench comprising…
Registered Sale Deed Presumed Valid; Minor Discrepancies in Attesting Witness Details Do Not Invalidate Execution: Supreme Court
The Supreme Court has ruled that a minor discrepancy in the details of an attesting witness cannot be a ground to doubt the validity of a registered sale deed. The Court emphasized that a registered sale deed carries a strong statutory presumption of validity and genuineness, and such presumption cannot be displaced…
Motor Accident Claim: Loss Suffered by Parents Cannot Be Assessed with Arithmetical Precision: Supreme Court
The Supreme Court has observed that the loss suffered by parents due to the death of their child cannot be assessed with exact mathematical accuracy. The Court held that determination of compensation under the Motor Vehicles Act is not an exercise in strict arithmetical calculation and that courts must consider the…
Courts Cannot Compel Plaintiff to Accept Compensation in Lieu of Injunction When No Such Relief Is Sought: Supreme Court
In a significant judgment dealing with the powers of appellate courts under Section 100 of the Code of Civil Procedure, 1908, the Supreme Court has held that a court cannot grant a relief that was never sought by a party in its pleadings. The Court also clarified that once a decree is set aside, an Executing Court…
Employee Who Failed to Inform Employer of Address Change Cannot Claim Non-Receipt of Show-Cause Notice: Supreme Court
In a significant ruling relating to employment disputes and unauthorized absence from service, the Supreme Court set aside the orders of the Labour Court and the Allahabad High Court which had directed reinstatement of an employee with back wages. The Court held that an employee who remains absent without…
