Sale of Immovable Property and Deeming Fiction under the Registration Act — A Comparative Analysis
by Ajit Warrier*
Cite as: 2024 SCC OnLine Blog Exp 18
Supreme Court
SC sets aside Allahabad HC’s stay on investigation and blanket orders restraining arrest of IndiaBulls officers
“Judicial comity and judicial discipline demands that higher courts should follow the law. The extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.”
Never Reported Judgment | Decree of possession of co-owned property can only be passed to the extent of the share of each collateral [(1952) 2 SCC 571]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on possession of co-owned property.
Enrollment in Army based on Fake relationship certificate with servicemen/ex-servicemen: SC orders reinstatement of army personnels with consequential benefits
The Army personnels were dismissed from the services stating that the relationship certificate with the servicemen/ ex-servicemen, submitted for recruitment, were found to be manipulated and false during the verification.
Supreme Court | NCLT can recall Resolution Plan approval despite misclassification of Creditor’s claim under IBC on submission of proof
The dues shown payable to the appellant was Rs. 13,47,40,819 while the appellant claimed it to be Rs. 43,40,31,951.
Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution
The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.
Subordinate legislation ultra vires to Parent Act? Supreme Court summarises principles for deciding cases
“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”
Explained | Supreme Court verdict on Tenants right to pre-emption in the ‘urban immovable property’ under Punjab Pre-Emption Act
The notification dated 08-10-1985 limits its application for taking away the right of pre-emption only with reference to sale of land falling in the areas of any municipality.
2024 SCC Vol. 1 Part 4
Constitution of India — Arts. 141 and 137 — Applicability of law declared by Supreme Court: Clarification application as to applicability of
Supreme Court grants bail to Sadanand Kadam in Sai Resort Money Laundering case
Supreme Court directed that Sadanand Kadam to be produced before the Special Court within one week from the date of this order.
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
Supreme Court imposes Rs 50,000 costs on members of TNFA challenging appointment of a committee to look into its affairs
Supreme Court directed that the cost be deposited with the Supreme Court Middle Income Group Legal Aid Services
Essar Case | Supreme Court allows ArcelorMittal Nippon Steel – Indian Oil to appoint arbitrators
Supreme Court set aside the Delhi High Court’s decision rejecting IOCL’s plea seeking appointment of an arbitral tribunal to settle claims.
SC directs Registry to stop referring to Trial Courts as Lower Courts
Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.
Never Reported Judgment| Vague and uncertain agreements in a contract are not capable of specific performance [(1952) 2 SCC 547]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance of contract.
Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance
“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”
S. 377 IPC decriminalised in 2018 Navtej Singh Johar case; SC declares curative petition against 2013 Suresh Kumar Koushal Judgment infructuous
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. It is considered as the last and final option available for redressal of grievances.
SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’
“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”
No bar to examine discharged prosecution witness as defense witness: Supreme Court
Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.
Know Thy Judge| Supreme Court of India: Justice Dipankar Datta
Justice Dipankar Datta was born on 09-02-1965 in a Bengali family. He served as a Judge in Calcutta High Court, and as Chief Justice of Bombay High Court, then he was sworn in as Supreme Court Judge on 12-12-2022 by Dr Justice D.Y. Chandrachud, the Chief Justice of India.