Supreme court
'Disturbing' : Supreme Court Slams Registry For 3 Years' Delay In Listing Case, Orders Enquiry
The Supreme Court strongly criticized its Registry for delaying the listing of a case by over three years despite a clear judicial order to list it 'immediately after service.' The Court directed the Registrar (Judicial) to conduct an inquiry into the lapse and submit a report within two weeks identifying the officer responsible."A bench of Justices JK Maheshwari and Vijay Bishnoi was hearing...
Second Special Leave Petition Not Maintainable If First SLP Against Same Order Was Withdrawn Unconditionally : Supreme Court
The Supreme Court on Tuesday (Sep.23) held that once a Special Leave Petition (SLP) is withdrawn unconditionally, a second SLP challenging the same order is not maintainable. The Court further clarified that if a review against the impugned order is dismissed, neither the dismissal of the review nor the original order can thereafter be challenged. “a second special leave petition would not...
Supreme Court Dismisses Airports Authority's Appeal Against Service Tax Levy For Cargo Handling
The Supreme Court on Tuesday dismissed an appeal filed by the Airports Authority of India (AAI) challenging the levy of service tax on services rendered in handling export cargo, ruling that such services fall within the ambit of “taxable services” under the Finance Act, 1994.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale held that while “handling of export cargo”...
Supreme Court Summarises Principles On Retrospective Application Of Laws
In a recent judgment, the Supreme Court summarised the principles on retrospective application of legislations.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made the discussion while holding that the 2016 amendment to Section 13(8) of the SARFAESI Act will apply to loans taken before the amendment came into force, if the default took place after the amendment.The...
SARFAESI | Supreme Court Explains "Publication Of Notice" Which Extinguishes Borrower's Redemption Right Under Section 13(8)
The Supreme Court held that the publication of notice, which will extinguish a borrower's right to redeem the mortgage as per Section 13(8) of the SARFAESI Act, is not confined to newspaper publication alone. For the purpose of the amended Section 13(8) of the SARFAESI Act, the expression “before the date of publication” used, has to be construed to refer and mean the publication of a...
No Export Duty On Transfer From Domestic Tariff Area To SEZ : Supreme Court Dismisses Union's Appeal Against Adani Power
Observing that the movement of goods from a Domestic Tariff Area (DTA) to a Special Economic Zone (SEZ) is a domestic supply and not an export outside India, the Supreme Court provided relief to Adani Power Ltd. and other entities from paying export duty under the Customs Act, 1962, for the movement of goods from DTA to SEZ. A bench of Justice BV Nagarathna and Justice R Mahadevan dismissed...
Supreme Court Directs MP High Court To Conclude Civil Judge Recruitment Process As Per 2023 Advertisement Soon
The Supreme Court today side aside the June 2024 order of the Madhya Pradesh High Court, which had directed re-computation of marks and weeding out of "ineligible candidates", who do not satisfy the Amended Recruitment Rules, from the main examination for Civil Judge entry-level posts. A bench comprising Justice PS Narasimha and Justice AS Chandurkar noted that no ineligible candidates...
SARFAESI Act | Supreme Court Flags Inconsistency Between S.13(8) Act & Rules On Borrower's Redemption Right, Urges Govt To Amend
The Supreme Court on Monday (Sep. 22) flagged a significant inconsistency between the SARFAESI Act, 2002 ("Act") and the Rules concerning the borrower's right of redemption after the 2016 amendment. A bench of Justice JB Pardiwala and Justice R Mahadevan heard the case arising out of the Madras High Court's decision which had quashed a sale certificate issued in favour of auction...
High Court's Inherent Power Can Be Invoked To Cancel Bail After Sessions Court's Dismissal Of S.439(2) CrPC Plea : Supreme Court
The Supreme Court has held that a plea for cancellation of bail can be moved before the High Court by invoking its powers under Section 439(2) read with Section 482 of the Code of Criminal Procedure, even if the Sessions Court has already declined a cancellation application under Section 439(2).The Court rejected the contention that once a Sessions Court declines an application under...