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Supreme Court of India

Onus to Prove Deficiency in Service is on Complainant: SC

October 6, 2021 8598 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 10821 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 14538 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 27360 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 14322 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.

Registration of Family Settlement Document Which Merely Records Past Transaction is not Compulsory: SC

October 1, 2021 9636 Views 0 comment Print

Korukonda Chalapathi Rao & Anr. Vs Korukonda Annapurna Sampath Kumar (Supreme Court of India) In the facts of this case, the contention of the appellants is that the Kharurunama dated 04.1986 merely sets out the arrangement arrived at between the brothers which is the family arrangement and it was a mere record of the past transaction and […]

Power of Attorney authorised by Financial Creditor Can File Application U/s 7 of IBC: SC

September 30, 2021 5454 Views 0 comment Print

Rajendra Narottamdas Sheth & Anr Vs Chandra Prakash Jain (Supreme Court) In the present case, Mr. Praveen Kumar Gupta has been given general authorisation by the Bank with respect to all the business and affairs of the Bank, including commencement of legal proceedings before any court or tribunal with respect to any demand and filing […]

Beneficial scheme cannot run contrary to express terms of provisions

September 30, 2021 858 Views 0 comment Print

In present facts of the case, the Hon’ble Apex court while allowing the Appeal have made distinction between ‘resignation’ and ‘voluntary retirement’ and have held that having tendered the ‘resignation’, the respondent has to suffer the consequences and now cannot be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.

Ad hoc service not to be considered for determining the seniority

September 28, 2021 9258 Views 0 comment Print

Malook Singh and Others Vs State of Punjab and Others (Supreme Court of India) Facts- The petitioner claimed the benefit of ad hoc service rendered by them towards their seniority as against regularly recruited clerks appointed after them. Conclusion-The decision in Direct Recruits stands for the principle that ad hoc service cannot be counted for […]

Chairman/MD not vicariously liable for criminal acts of company: SC

September 27, 2021 4863 Views 0 comment Print

General Manager and/or Planner/Supervisor of Accused Companies, without any specific role attributed and the role played by them in their capacity, they cannot be arrayed as an accused, more particularly they cannot be held vicariously liable for the offences committed by Accused.

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