Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

Arbitral mandate extension
Case BriefsSupreme Court

In the Judgment dated 12-09-2024, Supreme Court had held that an application for extension of time for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause.

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Gram Pradhan election
Case BriefsSupreme Court

Supreme Court directed that the entire process of recounting of votes should be video-graphed, and the result of re-count to be signed by the parties, their counsel as well as the Court Commissioner, besides the Presiding Officer of the Election Tribunal.

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Insolvency Process against BYJU
Case BriefsSupreme Court

The present appeal raises substantial questions about the legal framework governing the withdrawal of a CIRP; the settlement of claims after the admission of an application instituted by a debtor; and the scope of the inherent powers vested in the NCLAT under Rule 11 of the NCLAT Rules.

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RG Kar Rape and Murder civic volunteers recruitment
Case BriefsSupreme Court

The Court directed West Bengal Govt. to submit an affidavit to disclose the selection process which is followed for the recruitment of the Civic Volunteers and the steps which have been taken to ensure that such Civic Volunteers do not operate in sensitive establishments.

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Quantified disability
Case BriefsSupreme Court

“It should be borne in mind that the RPwD Act which was enacted to give effect to the United Nations Convention on Rights of Persons with Disabilities – was with the objective of granting persons with disabilities full and effective participation and inclusion in society, grant them equal opportunity and to show respect for their inherent dignity, individual autonomy including the freedom to make their own choices.”

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FIR alleges dishonest conduct quashed
Case BriefsSupreme Court

The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.

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stranger to suit dispossession decree holder redelivery
Case BriefsSupreme Court

Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.

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Limitation for adverse possession
Case BriefsSupreme Court

“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”

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land acquired by HMT and Defence
Case BriefsSupreme Court

“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”

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