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Supreme Court of India

No limitation period in case of usufructuary mortgage: SC

October 7, 2021 2994 Views 0 comment Print

Full Bench of Punjab and Haryana HC in Ram Kishan & Ors. Vs. Sheo Ram & Ors., has held that there is no limitation period in case of usufructuary mortgage. Once a mortgage always a mortgage was the principle applied.

SC ruling on whether order section 263 is barred by limitation

October 7, 2021 2760 Views 0 comment Print

CIT Vs. Mohammed Meeran Shahul Hameed (Supreme Court) The short question of law which is posed for consideration before this court is, 1. whether in the facts and circumstances of the case, the High Court and the learned ITAT are right in holding that the order passed by the learned Commissioner passed under Section 263 […]

SC Guidelines on grant of bail to accused not arrested during investigation post filing of Chargesheet

October 7, 2021 11070 Views 0 comment Print

Satender Kumar Antil Vs Central Bureau of Investigation and Anr. (Supreme Court of India) Hon’ble Supreme Court of India in the current application has issued guidelines relating to the aspect of grant of bail to accused who, on a charge sheet being filed is not arrested during investigation. Relying on the suggestions put forth by […]

SC defers hearing in Faceless Assessment Scheme for 3 Months

October 6, 2021 3795 Views 0 comment Print

Central Board of Direct Taxes Vs Lakshya Budhiraja & Anr. (Supreme Court of India) SC recording of proceedings where Department submits proposal of change in faceless appeal scheme before Supreme Court in 3 months on account of provision relating to personal hearing. FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER Learned Additional Solicitor General submits that […]

Mere Truthful Declaration of Criminal Cases cannot compel an Employer to Appoint a Candidate: SC

October 6, 2021 4605 Views 0 comment Print

Union of India And Others Vs Methu Meda (Supreme Court of India) Law is well ­settled. If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment, that too in disciplined […]

Onus to Prove Deficiency in Service is on Complainant: SC

October 6, 2021 8490 Views 0 comment Print

SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court) The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for deficiency in […]

Judgment debtor cannot raise objections to executions in installments: SC

October 5, 2021 10764 Views 0 comment Print

Dipali Biswas & Ors. Vs Nirmalendu Mukherjee (Supreme Court of India) (i) A judgment­ debtor cannot be allowed to raise objections as to the method of execution in instalments. After having failed to raise the issue in four earlier rounds of litigation, the appellants cannot be permitted to raise it now; (ii) As we have […]

Mere Revenue Record is not A Document of Title & not create any right : SC

October 5, 2021 14490 Views 0 comment Print

Prabhagiya Van Adhikari Awadh Van Prabhag Vs Arun Kumar Bhardwaj (Dead) Thr. Lrs (Supreme Court ) The revenue record is not a document of title. Therefore, even if the name of the lessee finds mention in the revenue record but such entry without any supporting documents of creation of lease contemplated under the Forest Act […]

SC Stays payment of GST for grant of mining lease/royalty by petitioner

October 4, 2021 27198 Views 2 comments Print

Lakhwinder Singh Vs Union of India (Supreme Court of India) 1 Issue notice. 2 Tag with SLP(C) No 37326 of 2017. 3 Until further orders, payment of GST for grant of mining lease/royalty by the petitioner shall remain stayed.

In a contempt jurisdiction, Court cannot travel beyond original judgment: SC

October 1, 2021 14238 Views 0 comment Print

In a contempt jurisdiction, the court will not travel beyond the original judgment and direction; neither would it be permissible for the court to issue any  supplementary or incidental directions, which were not to be found in the original judgment.

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