Supreme court
Plea Of Lack Of State's Consent For CBI's Investigation Should Be Taken Soon After FIR Registration : Supreme Court
The Supreme Court held that objections regarding the CBI's lack of state consent under Section 6 of the Delhi Special Police Establishment Act, 1946, must be raised at the earliest stage, usually right after the FIR is registered. It clarified that once the investigation is complete, a chargesheet is filed, and a magistrate takes cognizance, such objections cannot be used belatedly to invalidate the proceedings, except where a quashing petition was already pending before cognizance was taken.“We...
Land Acquisition Can't Be Challenged After Accepting Compensation: Supreme Court Rejects Company's Plea To Restore Singur Land
The Supreme Court has overturned the Calcutta High Court's decision to restore land to a private company based on the 2016 Kedar Nath Yadav v State of West Bengal precedent. The Court stated that its 2016 ruling, which quashed the Tata Nano plant acquisition in Singur, provided a targeted remedy for farmers and was not a general right for commercial entities that had accepted the acquisition for a decade.A bench of Justices Surya Kant and Joymalya Bagchi while allowing the State of...
For Lawyers To Double Up As Mediators, They Need To Acquire Different Skills; Listen Than Speak : Supreme Court
The Supreme Court recently commended a Court-appointed mediator for successfully resolving a 40-year-old civil dispute, observing that it is “inevitable” for lawyers to transition into the role of mediators, which demands a shift in approach from adversarial litigation to constructive problem-solving."If lawyers are to double-up and evolve as mediators, a development which we consider is inevitable, they must cultivate a distinct set of skills and adopt a new attitude towards dispute resolution,...
DRT Must Decide Securitisation Applications Within Statutorily Mandated Timeline : Supreme Court
The Supreme Court recently criticized the Debt Recovery Tribunal, Dehradun, for failing to decide a securitisation application preferred by a Bank within the statutory timeline mandated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act"). After noting that the DRT failed to abide by the strict timelines prescribed under the SARFAESI Act, a bench of Justices Sanjay Kumar and Alok Aradhe directed the DRT to dispose of the...
Supreme Court Raps Plaintiff For Withholding Possession After Receiving ₹2 Crore In Lieu Of Specific Performance, Imposes Rs 10 Lakh Costs
The Supreme Court recently came down heavily on a plaintiff in a specific performance suit who refused to vacate the property even after being awarded ₹2 crore as compensation in lieu of specific performance of a sale agreement.The Court strongly disapproved of the litigant's attempt to exploit the omission in the earlier order,which had not expressly directed the handing over of possession,to continue occupying the property.The dispute arose from a sale agreement executed in 1989, under which...
Supreme Court Half Yearly Digest 2025: Land Law
Although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate. Bernard Francis Joseph Vaz v. Government of...
Surrogacy Act Does Not Affect Rights Vested In Couples Who Froze Embryos Before Law Took Effect : Justice Viswanathan's Concurring Judgment
The Supreme Court held that couples who had frozen embryos for surrogacy before the Surrogacy (Regulation) Act, 2021 came into effect on January 25, 2022, had acquired vested rights to surrogacy which the Act could not retrospectively take away.Justice KV Viswanathan, in his concurring opinion, said that by completing the fertilisation process before the statutory cut-off date, the couples...
Supreme Court Notes Conflict Between Forest Rights Act & Forest Conservation Act On Allowing Houses For Tribes; Seeks Union's Stance
The Supreme Court has directed the Union Government to file an affidavit within four weeks clarifying the scope, method, and manner of permitting construction of dwelling houses under the Forest Rights Act, 2006 (“FRA”), in a manner consistent with the Forest (Conservation) Act, 1980 (“FCA”). While the FRA guarantees forest dwellers a 'pucca house,' the FCA imposes restrictions on...
Supreme Court Weekly Digest September [15 - 23, 2025]
Airports Authorities of India (AAI) - levy of service tax on services rendered in handling export cargo – Held, 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 - While 'handling of export cargo' is excluded from the definition of 'cargo handling service' under Section 65(23) of...
Supreme Court Half Yearly Digest 2025: Service Law
Administrative Tribunals Act, 1985; Section 20 - Time-Barred Claims - A time-barred service dispute cannot be brought within the limitation period by filing a belated representation. When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach...