Supreme court
Order XXX Rule 10 CPC | Absence Of Proprietorship In Suit Not A Defect If Proprietor Is A Defendant: Supreme Court
The Supreme Court observed there is no distinction between suing a proprietorship in its trade name or in the proprietor's name, since the firm has no independent legal status and is inseparable from its owner. “Whether proprietorship concern is sued in its name or through its proprietor representing the concerned is one of the same thing.”, the court said. Holding thus, the bench comprising Justices Vikram Nath and Sandeep Mehta set aside the Andhra Pradesh High Court's decision which held...
Criminal Courts Cannot Recall Or Review Their Own Judgments Except For Clerical Or Arithmetical Errors: Supreme Court Reiterates
The Supreme Court recently ruled that criminal courts cannot review or recall their judgments except to correct clerical or arithmetical errors, while setting aside a Delhi High Court order that had reopened perjury proceedings in a corporate dispute.A bench of Chief Justice BR Gavai and Justice Augustine George Masih set aside the HC order that had recalled its earlier decision dismissing a petition for initiating perjury proceedings in a long-running dispute.“the criminal courts, as envisaged...
Supreme Court Weekly Digest August 11 - 17, 2025
[2025 LiveLaw (SC) 787 - 2025 LiveLaw (SC) 810] Abkari Shops (Disposal in Auction) Rules, 2002 (Kerala) - Rule 9(2) - Ethyl alcohol content in coconut toddy - Supreme Court on May 1, 2024, directed the government to reassess the appropriateness of 8.1% v/v limit for ethyl alcohol in coconut toddy - Expert Committee was constituted who recommended that maximum allowed...
Supreme Court Daily Round-Up : August 26, 2025
Links of today's Supreme Court reports :NGT Has No Power To Direct ED Probe Under PMLA : Supreme CourtSupreme Court Stays Kerala HC Order Which Held Cochin International Airport Ltd To Be A 'Public Authority' Under RTI ActNon-Discovery Of Incriminating Material Does Not Mean Non-Cooperation By Accused: Supreme CourtRefusal To Enter Witness Box By Party Having Special Knowledge Of Facts Invites Adverse Inference : Supreme CourtSupreme Court Collegium Recommends New Chief Justice For Bombay High...
Supreme Court Directs DGFT & CBIC To Update Tech Systems To Ensure Genuine Exporters Don't Lose Benefits Over Clerical Errors
The Supreme Court observed that an exporter cannot be denied legitimate entitlements under the government's incentive schemes merely because of an inadvertent clerical error that was later corrected through statutory processes. Holding thus, a bench of Justices Aravind Kumar and NV Anjaria ruled in favour of an exporter who was denied a claim for benefits under the Merchandise Exports from...
'Shabby Investigation, Laconic Trial' : Supreme Court Acquits Man Sentenced To Death In Child Rape-Murder Case
The Supreme Court on Tuesday (Aug. 26) set aside the conviction of two men in a case involving the rape and murder of a minor in Uttar Pradesh, noting that the prosecution failed to prove guilt beyond a reasonable doubt and that the case, built entirely on circumstantial evidence, was marred by inconsistencies, procedural lapses, and serious investigative flaws. “We feel that the present case is yet another classic example of lackluster and shabby investigation and so also laconic trial...
Regulators Cannot Rewrite Power Purchase Agreements Under Guise Of Equity; Sanctity Of Contract Must Prevail : Supreme Court
The Supreme Court observed that under the guise of equity fairness, the regulatory or adjudicatory fora cannot override the explicit terms of a commercial contract. It added that the Power Purchasing Agreements (“PPAs”) must be enforced strictly as written, without regulators superimposing obligations not contemplated by the parties. Holding thus, the bench comprising Justices Sanjay...
Mere Non-Signing Won't Invalidate Arbitration Agreement If Parties Otherwise Consented To Arbitration : Supreme Court
The Supreme Court observed that merely because an arbitration agreement was not signed, there is no bar to refer the dispute to arbitration, if the parties have otherwise consented to arbitration.The bench comprising Justices Sanjay Kumar and Satish Chandra Sharma set aside the Delhi High Court's decision which declined reference to arbitration merely because Respondent No.1 didn't sign...
Refusal To Enter Witness Box By Party Having Special Knowledge Of Facts Invites Adverse Inference : Supreme Court
The Supreme Court on Monday (Aug. 25) observed that when certain facts lie exclusively within a party's personal knowledge, the failure to enter the witness box to testify on those facts can lead to serious consequences for that party. “In civil proceedings, particularly where the facts lie exclusively within the personal knowledge of the party, the refusal to enter the witness box...
Non-Discovery Of Incriminating Material Does Not Mean Non-Cooperation By Accused: Supreme Court
While granting anticipatory bail to an accused, the Supreme Court recently observed that mere non-discovery of incriminating material is not an indicator of non-cooperation on the part of the accused."Merely because nothing incriminating could be discovered would not mean that there is non-co-operation on the part of accused," said a bench of Justices Manoj Misra and Ujjal Bhuyan.The Court...
NGT Has No Power To Direct ED Probe Under PMLA : Supreme Court
The Supreme Court held that the National Green Tribunal has no jurisdiction to direct the Enforcement Directorate to launch investigation under the Prevention of Money Laundering Act against an entity.The bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran set aside the direction of the NGT to the Enforcement Directorate to examine and take appropriate action under...
