Supreme court
Supreme Court Asks HC To Decide If Bank Or EPFO Gets First Charge Over Defaulter's Assets
The Supreme Court has directed the Karnataka High Court to adjudicate the critical question of who holds priority over the proceeds from the sale of a defaulter's assets, the Employees' Provident Fund Organisation (EPFO), claiming provident fund dues under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (PF Act), or secured financial creditors enforcing recovery under the SARFAESI Act, 2002. The bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing a...
Delay In Compliance Without Wilful Intent Does Not Amount To Contempt Of Court : Supreme Court
The Supreme Court recently held that the delay in complying with the Court's direction without any willful or contumacious intent doesn't invite contempt of court. The bench of Chief Justice of India BR Gavai and Justice AG Masih heard the contempt petition filed by an ex-bank manager, against the non-compliance of the Court's order which directed the Bank to disburse the outstanding amount to the bank manager within a period of three months. The bank failed to make the payment within three...
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...
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...
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...
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...
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...