Supreme court
Order VII Rule 11 CPC | Rejection Of Plaint To Be Decided Solely On Plaint Averments : Supreme Court
The Supreme Court observed that an application for rejection of the plaint under Order VII Rule 11 CPC shall be decided based on the averments made in the plaint, and does not consider the defendant's defence or any external evidence. A bench of Justices JB Pardiwala and Manoj Misra set aside the Punjab & Haryana High Court's ruling, which rejected the plaint at the threshold, taking into account the defendant's defence while ignoring the averments made in the plaint. “while considering...
IBC - Speculative Investors Can't Be Permitted To Misuse Insolvency & Bankruptcy Code Proceedings: Supreme Court
In a significant observation aimed at curbing the growing misuse of the Insolvency and Bankruptcy Code (IBC) in the real estate sector, the Supreme Court has reiterated that the Code cannot be used as a tool by speculative investors seeking quick financial returns rather than the genuine revival of distressed companies or protection of real homebuyers.Emphasizing the remedial and...
Waitlisted Candidates' Right Extinguish When All Selected Candidates Join Posts : Supreme Court
Observing that the waitlist of candidates cannot operate indefinitely and ceases once all the posts are filled up via recruitment process, the Supreme Court on Wednesday (October 15) set aside the Calcutta High Court's ruling which directed notional absorption of the waitlisted candidate years after the initial recruitment resulted in filling up of all the posts. Allowing the Union government's plea, a bench of Justices PS Narasimha and Atul S. Chandurkar observed that the candidate's...
Dismissing Employee For A Charge Not Mentioned In Show-Cause Notice Improper : Supreme Court
The Supreme Court recently set aside the suspension of school teachers in Jharkhand, after finding that they were declared ineligible based on a different charge, which was never labelled against them in the show cause notice. The candidates were held ineligible based on an erroneous marks calculation method, which was never part of the original show cause notice, and denying them the opportunity of a hearing before ordering their dismissal on a different charge. In short, the teachers were...
ITC Cannot Be Denied To Bona Fide Purchasers If Seller Defaults On Tax Payment : Supreme Court
The Supreme Court recently held that the Input Tax Credit (ITC) on goods purchased from registered dealers cannot be denied to bona fide purchasers merely because the seller failed to deposit the Value Added Tax (VAT) with the government.A bench of Justice Manoj Misra and Justice Nongmeikapam Kotiswar Singh observed that there was no infirmity in the order of Delhi High Court granting credit...
'Rental Compensation Requires Complete Deprivation of Property', Supreme Court Denies ₹238 Crore Claim Against Nashik Corporation
Observing that the 'rental compensation' in land acquisition proceedings is granted only when the owner is completely deprived of its property's use, the Supreme Court on Wednesday (October 15) denied a massive claim of ₹238 Crores in "rental compensation" made against the Nashik Municipal Corporation for its alleged unauthorized use of a plot of land over 45 years. Rental compensation...
Supreme Court Criticizes Casual Practice Of Declaring Witnesses Hostile For Minor Inconsistencies
The Supreme Court criticized the practice of declaring witnesses hostile merely for minor inconsistencies in their statements, emphasizing that this should be done only in exceptional situations where the witness completely departs from the prosecution's case, gives false testimony, or shows clear hostility towards the party on whose behalf they are testifying. A bench of Justices BV...
Uncontrolled Use Of Firecrackers Affecting Health Can't Be Permitted Solely Based On Traditions & Religious Norms : Supreme Court
While allowing the limited use of green crackers in the National Capital Region for Diwali, the Supreme Court said that commercial interests and festive celebrations cannot outweigh concerns about public health and the environment, while considering issues related to the manufacture and use of firecrackers.The Supreme Court acknowledged that bursting firecrackers is deeply rooted in...
Supreme Court Restores Criminal Case Against Ex-MLA For Allegedly Using Fake Caste Certificate In Election
The Supreme Court on Tuesday (October 14) restored the criminal case against former MLA Rajendra Singh and others accused of fraudulently procuring a Scheduled Caste certificate to contest elections from a reserved constituency of Guna, Madhya Pradesh. A bench of Justices BV Nagarathna and KV Viswanathan set aside the MP High Court's Gwalior Bench order, which held a mini-trial, despite having...