Supreme court
S.100 CPC | High Court Must Assign Reasons For Framing Additional Question Of Law In Second Appeals : Supreme Court Lays Down Principles
The Supreme Court on Wednesday (Sep.3) observed that it is mandatory for the High Courts to record reasons while framing an additional question of law which was not originally raised in a second appeal in a civil case.Proviso to Section 100(5) CPC grants power to the High Courts to frame an additional question of law, but this power cannot be routinely exercised, but only in exceptional circumstances, for which a reason needs to be recorded by the High Court, the court said. “High Court is...
Anticipatory Bail Is Permissible Under SC/ST Act Only If Prima Facie Offence Isn't Made Out : Supreme Court
The Supreme Court observed that a grant of anticipatory bail is impermissible under the SC/ST Act unless is prima facie shown that no offence under the Act is made out."where on the face of it the offence under Section 3 of the Act is found to have not been made out and that the accusations relating to the commission of such offence are devoid of prima facie merits, the Court has a room to exercise the discretion to grant anticipatory bail to the accused under Section 438 of the Code.”, the...
S. 37(1)(a) Arbitration Act | Clause Restricting Interest On Delayed Payments By Itself Won't Bar Pendente Lite Interest : Supreme Court
The Supreme Court on Tuesday (Sep.2) observed that an Arbitral Tribunal can grant pendente lite interest unless expressly or impliedly barred in the contract. It added that a contractual clause barring interest on delayed payments does not prevent an arbitral tribunal from awarding pendente lite interest, i.e., the interest for the period during which the arbitration is...
Arbitration | Delivery Of Award To Govt Official Not Connected With Case Doesn't Amount To Valid Service On State : Supreme Court
The Supreme Court has clarified that when the government or one of its departments is a party to arbitration, delivery of an arbitral award to an official who is not connected with or aware of the proceedings cannot be treated as valid service for commencing the limitation period to challenge the award. Citing its ruling of Union of India vs. Tecco Trichy Engineers & Contractors (2005),...
Company Law | NCLT Can Examine Allegations Of Fraud & Validity Of Documents In Oppression & Mismanagement Cases : Supreme Court
The Supreme Court on Tuesday (Sep.2) observed that the National Company Law Tribunal (“NCLT”) has jurisdiction to examine allegations of fraud and validity of documents in oppression and mismanagement cases. The Court said that when “a member who holds the majority of shares in a company is reduced to the position of minority shareholder in the company by an act of the company or by its Board of Directors in a mala fide manner, the said act must ordinarily be considered to be an act of...
Conviction Under S.138 NI Act Can't Be Sustained After Complainant & Accused Enter Into Settlement : Supreme Court
The Supreme Court has held once a complainant signs a compromise deed acknowledging receipt of the full settlement amount, the conviction under Section 138 of the Negotiable Instruments Act cannot be sustained.The Court set aside an order of the High Court which dismissed an application filed by the accused seeking alteration of his conviction based on the settlement arrived at with...
NGT Cannot Outsource Its Adjudicatory Functions To Expert Committees : Supreme Court
The Supreme Court on Monday (Sep 1) criticized the National Green Tribunal (NGT) for functioning like a mere rubber stamp by outsourcing its responsibilities to external committees. A bench of Justices Manoj Misra and Ujjal Bhuyan heard a case alleging that the Appellant-company was polluting water bodies by discharging untreated effluents. The NGT, blindly relying on a Joint Committee report...
Supreme Court Daily Round-Up : September 1, 2025
Links of today's Supreme Court reports :Supreme Court Doubts Correctness Of Judgment Exempting Minority Schools From RTE Act; Refers To CJIBihar SIR : Claims/Objections Can Be Filed Even After Sept 1 Deadline, Says ECI; Supreme Court Deputes Paralegals To Assist VotersSupreme Court Mandates TET Qualification For Teachers In Non-Minority Schools; Allows Time For In-Service Teachers To Clear...
Customs Act | Electronic Evidence Admissible Without S.138C(4) Certificate If Assessee's S.108 Statement Admits Contents : Supreme Court
The Supreme Court recently held that electronic evidence seized by the Directorate of Revenue Intelligence (“DRI”) can be admissible even without a certificate under Section 138C(4) of the Customs Act, if the assessees has acknowledged these the documents in the devices in their statements under Section 108 of the Customs Act.Section 138C (4) of the Customs Act requires the production of...