Supreme Court Archives - Page 31 of 42

Supreme Court Analyzes Transaction Value Under the Central Excise Act: “Price Was Not the Sole Consideration for Sale Under MOU Between Oil Marketing Companies,” Quashes ₹119 Crore Demand and Penalty

Court’s Decision: The court made the following key rulings: BPCL’s Appeal Allowed: In Civil Appeal No. 5642 of 2009, the court set aside the excise duty demand and penalty imposed…

Rawlaw January 20, 2025

News

Supreme Court Sets Aside Andhra Pradesh High Court’s Interim Relief in Second Appeal: “High Court Cannot Grant Ad Interim Orders Without Framing Substantial Questions of Law”; Reaffirms Compliance with Section 100 CPC and Limits on Inherent Powers

1. Court’s Decision The Supreme Court of India allowed the appeal and set aside the interim relief granted by the Andhra Pradesh High Court in a second appeal. The apex…

Rawlaw January 17, 2025

News

Supreme Court Sets Aside Jharkhand High Court Order on Prisoner Transfer: “Safety and Security of Prisoners is Paramount”; Upholds Administrative Powers Under Prisoners Act and Calls for Modern Jail Reforms

Court’s Decision The Supreme Court reversed the High Court of Jharkhand’s decision, reinstating the transfer order of a convicted prisoner issued by the Inspector General of Prisons. It held that…

Rawlaw January 17, 2025

News

Supreme Court Upholds High Court Decision Allowing Extension of Time for Balance Payment Under Specific Performance Decree: “Executing Courts Have Discretion Under Section 28 to Extend Time Without Defeating Decrees”

Court’s Decision: The Supreme Court dismissed the appeals filed by the judgment debtors (defendants) and upheld the High Court's judgment affirming the orders of the executing court. The executing court…

Rawlaw January 17, 2025

News

Supreme Court Declines to Declare High Court Judgment Illegal: “Remedy Lies in Recall or Appeal Under Article 136”; Reaffirms Procedural Discipline and Alternative Remedies

Court’s Decision The Supreme Court dismissed the writ petition filed under Article 32 of the Constitution. The petition sought to declare a Bombay High Court judgment as illegal. The Supreme…

Rawlaw January 17, 2025

News

Supreme Court Quashes Charges of Abetment to Suicide Against Loan Recovery Agent; Holds Evidence Lacks Mens Rea and Proximity Required Under Section 306 IPC

Court’s Decision The Supreme Court discharged the appellant, Mahendra Awase, from charges under Section 306 of the Indian Penal Code (IPC) related to abetment of suicide. It ruled that the…

Rawlaw January 17, 2025

News

Supreme Court Mandates Hygienic and Inclusive Toilet Facilities in All Court Complexes Nationwide; Declares Lack of Sanitation a Violation of Fundamental Rights Under Article 21

Court’s Decision The Supreme Court of India recognized sanitation as an essential aspect of the right to life under Article 21 of the Constitution. It issued comprehensive directions to ensure…

Rawlaw January 17, 2025

News

Supreme Court: “A Party Shall Not Be Vexed Twice for the Same Cause; Second Suit for Specific Performance Allowed as Distinct Causes of Action Justify Separate Proceedings Under Order II Rule 2 CPC”

1. Court's Decision: The Supreme Court ruled in favor of the respondent, holding that the second suit was not barred under Order II Rule 2 CPC. It emphasized: The two…

Rawlaw January 17, 2025

News

Supreme Court Rules That “Suitability for Promotion Under 65% Quota Cannot Be Overridden by Merit List Placement” – Notional Promotion and Seniority Benefits Directed Without Back Wages

1. Court’s Decision: The Supreme Court overturned the High Court of Jharkhand’s decision to deny the appellants’ relief. The Court held that the appellants, who had qualified the suitability test,…

Rawlaw January 17, 2025

News

Supreme Court Differentiates Criminal Liability for Unauthorised and Authorised Agents in Railway Ticketing Fraud: Upholds Criminal Proceedings Against Unauthorised E-Ticket Seller While Quashing Charges Against Authorised Agent

Court’s Decision The Supreme Court resolved appeals concerning the unauthorised and fraudulent sale of railway tickets under Section 143 of the Railways Act, 1989. The Court restored criminal proceedings against…

Rawlaw January 14, 2025