'Specific Performance No Longer A Discretionary Relief': Supreme Court Says 2018 Amendment May Not Have Retrospective Application But Can Be A 'Guide'

3 years, 4 months ago

'Specific Performance No Longer A Discretionary Relief': Supreme Court Says 2018 Amendment May Not Have Retrospective Application But Can Be A 'Guide'

Live Law

The specific performance is no longer a discretionary relief, the Supreme Court observed in a judgment delivered on Tuesday.The bench of Justice MR Shah and Aniruddha Bose observed that the 2018 amendment to the Specific Relief Act, 1963 by which section 10 has been inserted, though may not be applicable retrospectively but can be a guide on the discretionary relief. The bench of Justice MR Shah and Aniruddha Bose observed that the 2018 amendment to the Specific Relief Act, 1963 by which section 10 has been inserted, though may not be applicable retrospectively but can be a guide on the discretionary relief. Not to grant the decree of specific performance despite the execution of the agreement to sell is proved; part sale consideration is proved and the plaintiff is always ready and willing to perform his part of the contract would encourage the dishonesty, the court added. The High Court had further observed that even if the agreement is found to be duly executed and the plaintiff is found to be ready and willing to perform his part of the Agreement, grant of decree of specific performance is not automatic and it is a discretionary relief.

Supreme Court Performance Court Specific Performance Relief Agreement Sell Plaintiff His Part Specific Retrospective Proved Applicable Discretionary Which Section retrospective longer application relief plaintiff applicable performance guide specific court agreement proved discretionary sell supreme

History of this topic

Supreme Court Monthly Digest- January 2025

3 weeks, 4 days ago

Supreme Court Monthly Digest- January 2025

Live Law

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

Supreme Court Annual Digest 2024 | Specific Relief Act, 1963

1 month ago

Supreme Court Annual Digest 2024 | Specific Relief Act, 1963

Live Law

Section 16 - Whether the defendants were entitled to protection under Section 53A of the Transfer of Property Act, 1882, based on an unregistered sale agreement - Whether the concurrent findings of the Trial Court, First Appellate Court, and High Court were perverse or erroneous. R. Shama Naik v. G. Srinivasiah, 2024 LiveLaw 947 Section 10 and Section 16 of …

Specific Relief Act | Relinquishment Of Claims Under S.12(3) For Part Performance Can Be Made At Any Stage Of Litigation : Supreme Court

2 months, 1 week ago

Specific Relief Act | Relinquishment Of Claims Under S.12(3) For Part Performance Can Be Made At Any Stage Of Litigation : Supreme Court

Live Law

The Supreme Court observed that while seeking a part performance of the contract under Section 12 of the Specific Relief Act, 1963, the plea regarding the relinquishment of claims regarding the remaining part of the contract and all rights to compensation can be made at any stage of litigation,including the Appellate Stage. The bench comprising Justice JB Pardiwala and Justice …

Specific Relief Act: Important Judgments By Supreme Court In 2024

2 months, 2 weeks ago

Specific Relief Act: Important Judgments By Supreme Court In 2024

Live Law

As 2024 ends, LiveLaw presents a summary of significant Supreme Court judgments from the year related to the Specific Relief Act, 1963. Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court Case Title: RAJESH KUMAR VERSUS ANAND KUMAR & ORS., Citation: 2024 LiveLaw 407 The bench comprising Justices …

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

Trending News

2 months, 3 weeks ago

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

Live Law

The Supreme Court today observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract. The Court further stated that Section 20 of the Specific Relief Act, 1963 would not apply if the …

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

Trending News

2 months, 3 weeks ago

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

Live Law

The Supreme Court today observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract. The Court further stated that Section 20 of the Specific Relief Act, 1963 would not apply if the …

Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective

4 months, 1 week ago

Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective

Live Law

The Supreme Court on Friday recalled its 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force.The Court recalled the judgment in the exercise of its review jurisdiction. The Supreme Court on Friday recalled its 2022 judgment which held that …

SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC

1 year, 6 months ago

SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC

Live Law

The Delhi High Court has observed that the Specific Relief Act, 2018, has changed the nature of specific relief from an equitable, discretionary remedy to a statutory remedy and has made specific performance of a contract a general rule rather than an exception.A division bench of Justice Manmohan and Justice Saurabh Banerjee said that the 2018 Amendment Act has brought …

2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court

2 years, 6 months ago

2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court

Live Law

The Supreme Court held that the 2018 amendment to the Specific Relief Act is prospective and cannot apply to those transactions that took place prior to its coming into force.The bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli observed thus while allowing an appeal arising out of a specific performance suit. The Supreme Court held that the …

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

2 years, 7 months ago

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

Live Law

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. Section 20 of the Specific Relief Act specifically provides that the jurisdiction of the …

Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court

2 years, 10 months ago

Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court

Live Law

The Bombay High Court has held that an application for interim relief in the form of specific performance of the contract would not be maintainable when the nature of the contract is determinable. It held that Section 14 and Section 41 of the Specific Relief Act would be attracted when the interim relief for specific performance is prayed for in …

2018 Amendment To The Specific Relief Act: Retrospective Or Prospective?

2 years, 11 months ago

2018 Amendment To The Specific Relief Act: Retrospective Or Prospective?

Live Law

The common law treated money as a measure of every loss. To facilitate better understanding, a chart contouring the pre amendment and post amendment status of important sections of the Act is produced hereinbelow: Section Pre Amendment Status Post Amendment Status Section 10 Cases in which specific performance of contract enforceable.—Except as otherwise provided in this Chapter, the specific performance …

Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court

3 years, 2 months ago

Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court

Live Law

The Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance. Sundresh, setting aside a judgment of the Madras High Court, observed: ".it is not possible for us …

Whether Specific Performance Of An Agreement Is Mandatory Under Amended Provisions Of Specific Relief Act, 1963? Calcutta High Court Explains

3 years, 4 months ago

Whether Specific Performance Of An Agreement Is Mandatory Under Amended Provisions Of Specific Relief Act, 1963? Calcutta High Court Explains

Live Law

The Calcutta High Court recently had the opportunity to expound on the issue as to whether specific performance of an agreement, including a negative covenant contained therein, is mandatory under the amended provisions of the Specific Relief Act, 1963.Justice Moushumi Bhattacharya observed that although Section 10 of the amended Act vide inclusion of the phrase 'shall' nearly negates. The Calcutta …

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted

3 years, 7 months ago

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted

Live Law

The Bombay High Court on Tuesday asked the Union of India to file a short affidavit stating why interim relief shouldn't be granted in two petitions seeking a stay on the recently notified Information Technology Rules, 2021 A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a petition by AGIJ Ltd, which owns legal news website …

Relief Of Specific Performance Of Contract Is No Longer Discretionary After 2018 Amendment: SC [Read Judgment]

4 years, 6 months ago

Relief Of Specific Performance Of Contract Is No Longer Discretionary After 2018 Amendment: SC [Read Judgment]

Live Law

Relief of specific performance of a contract is no longer discretionary, after the 2018 amendment, observed the Supreme court in a judgment delivered on Friday.The bench comprising Justices Uday Umesh Lalit and Indira Banerjee observed thus in an appeal arising out of a specific performance suit. Relief of specific performance of a contract is no longer discretionary, after the 2018 …

[Cancellation Of Written Instruments] Action Instituted U/s 31 Specific Relief Act Is Arbitrable As It Is Not An Action In Rem: SC [Read Judgment]

4 years, 6 months ago

[Cancellation Of Written Instruments] Action Instituted U/s 31 Specific Relief Act Is Arbitrable As It Is Not An Action In Rem: SC [Read Judgment]

Live Law

The Supreme Court has held that an action instituted under section 31 of the Specific Relief Act, 1963 is not an action in rem, but an action in personam, and therefore arbitrable. Thus, before the Apex Court in appeal, Deccan contended that since the prayer in the suit is for cancellation of three "written instruments", the proceeding under section being …

The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits

4 years, 11 months ago

The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits

Live Law

The Parliament has enacted The Specific Relief Act, 2018, thereby making substantive changes to the provisions of the Specific Relief Act, 1963. Three most essential aspects of the Amendment Act is relating to substitution of existing Section 10, 14 and 20 of the Specific Relief Act, 1963 with substituted provisions. Another ancillary aspect is as to whether the discretion in …

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

5 years, 7 months ago

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

Live Law

The Supreme Court has observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. While dismissing the suit, the Madras High Court had observed thus: "It has not been explained by the plaintiff as to why she should wait …

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

6 years, 5 months ago

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Live Law

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A of the Scheduled Castes/Scheduled Tribes Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in subsection of Section. Full Court of the Allahabad High Court on …

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

6 years, 5 months ago

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Live Law

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A of the Scheduled Castes/Scheduled Tribes Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in subsection of Section. Full Court of the Allahabad High Court on …

Parliament Passes Specific Relief Amendment Bill Making Specific Performance of Contract Compulsorily Enforceable

6 years, 7 months ago

Parliament Passes Specific Relief Amendment Bill Making Specific Performance of Contract Compulsorily Enforceable

Live Law

The Parliament has passed the Specific Relief Bill 2018, proposing to bring significant amendments to Specific Relief Act 1963. On July 23, the Rajya Sabha passed Amendment Bill, which was passed by the Lok Sabha on March 15, 2018.One of the major features of the amendment is that it takes away the discretionary power of courts in ordering specific performance …

Specific Performance to Be Mandatory: Key Amendments Proposed in Specific Relief Act 1963

7 years ago

Specific Performance to Be Mandatory: Key Amendments Proposed in Specific Relief Act 1963

Live Law

The Specific Relief (Amendment) Bill 2018 proposes significant amendments to the Specific Relief Act 1963. The amendment makes specific performance of contracts compulsory, removing the discretionary power of courts to grant damages or specific performance as an exception. It introduces the concept of 'substituted performance', allowing a party to choose to perform the contract through a third party or its …

‘Specific Performance To Be Compulsorily Ordered By Courts’- Know About Changes Proposed By Specific Relief Amendment Bill [Read The Bill]

7 years ago

‘Specific Performance To Be Compulsorily Ordered By Courts’- Know About Changes Proposed By Specific Relief Amendment Bill [Read The Bill]

Live Law

The Lok Sabha recently passed the Specific Relief Bill 2018, proposing to bring significant amendments to Specific Relief Act 1963.One of the major features of the amendment is that it makes the grant of specific performance of contracts compulsory, by taking away the discretionary power of courts. Similar discretionary power of courts as per Section 11 in granting specific performance …

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A.P. Health Minister calls for guidelines for timely resolution of disciplinary proceedings

1 day, 9 hours ago

A.P. Health Minister calls for guidelines for timely resolution of disciplinary proceedings

The Hindu

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Eminent jurists remain split on ONOP proposal

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Hindustan Times

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Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

3 days, 12 hours ago

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

Live Law

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Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1

3 days, 20 hours ago

Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1

Live Law

The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director KPTCL and others v. C.P. Mundinamani and others, where the Supreme Court had held that a …

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SC reaffirms mandatory CCI approval in insolvency cases: Former SC Judge Justice AK Sikri strongly concurs with the landmark HNG judgement

4 days, 20 hours ago

SC reaffirms mandatory CCI approval in insolvency cases: Former SC Judge Justice AK Sikri strongly concurs with the landmark HNG judgement

Op India

In a landmark decision passed by the Supreme Court of India in the Hindustan National Glass case on the 29th of January 2025, has reinforced the legislative intent behind Section 31 of the Insolvency and Bankruptcy Code, clarifying that prior approval of the Competition Commission of India is mandatory before a resolution plan involving a combination can be approved by …

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Notice Under Rule 142(1)(A) Of CGST Rules Must Be Issued Before Issuing Proper SCN: Andhra Pradesh High Court

5 days, 14 hours ago

Notice Under Rule 142(1)(A) Of CGST Rules Must Be Issued Before Issuing Proper SCN: Andhra Pradesh High Court

Live Law

The Andhra Pradesh High Court stated that a notice under Rule 142 of CGST Rules must be issued before issuing proper show cause notice. The Division Bench of Justices R. Raghunandan Rao and K Manmadha Rao was addressing a case where notice under Rule-142 of the CGST Rules was not issued to the assessees/petitioners, prior to the Orders of assessment. …

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O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

5 days, 17 hours ago

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code can only be appointed when the evidence before the trial court is inconclusive and requires clarification. The petitioner's counsel, Mr. Ankush Manhas, contended that the trial court had erred in appointing a Commissioner under …

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MMK to appeal Jawahirullah’s conviction in Supreme Court

5 days, 17 hours ago

MMK to appeal Jawahirullah’s conviction in Supreme Court

The Hindu

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NI Act | Advisable To Impose Fine Equivalent To Amount Of Cheque With At Least 6% Interest For Uniformity: Punjab & Haryana High Court

1 week, 1 day ago

NI Act | Advisable To Impose Fine Equivalent To Amount Of Cheque With At Least 6% Interest For Uniformity: Punjab & Haryana High Court

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The Punjab and Haryana High Court has said that, to maintain uniformity in imposing fines in cheque bounce cases under the Negotiable Instruments Act, the fine should be equivalent to the amount of the cheque, plus at least 6% interest per annum from the date of the cheque until the date of the judgment of conviction. The Punjab and Haryana …

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1 week, 2 days ago

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1 week, 3 days ago

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[U.P Govt Servant Seniority Rules] No Provision For Finding Authority To Redetermine Seniority After Final List Has Been Prepared: Allahabad High Court

1 week, 3 days ago

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Live Law

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“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation

Trending News

1 week, 3 days ago

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation

Live Law

The Jammu and Kashmir and Ladakh High Court has restrained the government from making any promotions unless candidates from the Scheduled Caste and Scheduled Tribe categories entitled to reservation are duly considered. Delivering a major relief to reserved category employees who have long been denied their rightful promotions due to a controversial government circular Justice M.A Chowdhary observed, “The respondents …

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1 week, 3 days ago

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Live Law

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1 week, 5 days ago

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Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases

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1 week, 6 days ago

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1 week, 6 days ago

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Live Law

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1 week, 6 days ago

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S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC

2 weeks, 1 day ago

S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC

Live Law

The Telangana High Court has held that the 2015 amendment to the Arbitration and Conciliation Act grants a bouquet of protections to a party during the course of arbitral proceedings. This creates an exception to the bar under section 9 – that the Court shall not entertain the 9 petition once the Arbitral Tribunal has been constituted.” Going further, the …

Court Party Commercial Tribunal Bench Petition Matter

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

2 weeks, 1 day ago

Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34 of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Brief Facts of the case: The appellant has filed an appeal under Section …

Delhi Court Delhi High Court Application Limitation Act Limitation Act

Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency

2 weeks, 1 day ago

Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency

Live Law

The Supreme Court recently expressed surprise that the National Company Law Appellate Tribunal, despite having a high pendency of cases, devoted extensive time and effort to writing a 17-page order on a delay condonation application. “We wonder why the NCLAT which has a high pendency should devote so much of time and energy in writing an order running into 17 …

Supreme Court Appeal Court Bar Application Delay Nclat Order

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

2 weeks, 2 days ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

Appeal Court Contempt Punishment Kerala High Court Order High

Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court

2 weeks, 2 days ago

Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court

Live Law

In its landmark judgment concerning appointment of visually impaired persons in judicial services, the Supreme Court directed the Rajasthan Judicial Service Examinations authorities to declare separate cut-off marks and publish separate merit list for Persons with Disabilities category at every stage of the examination and proceed with the selection process accordingly. Perusing the Rajasthan Judicial Service Rules, 2010, the Court …

Supreme Court Court Services Candidates Disabilities Judicial Service Service

Respondent Cannot File Cross-Objections To Appeal Before High Court U/S 260A Income Tax Act: Delhi High Court

2 weeks, 2 days ago

Respondent Cannot File Cross-Objections To Appeal Before High Court U/S 260A Income Tax Act: Delhi High Court

Live Law

The Delhi High Court has held that Section 260A of the Income Tax Act, 1961, which pertains to appeals to High Courts, does not envisage the filing of cross-objections by the opposite party, unlike Order XLI Rule 22 CPC. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed, “The Legislature appears to have consciously desisted from adopting …

High Court Appeal Court Income Tax Order Right Tribunal

HC restrains recovery of loans taken by those affected by Wayanad landslides

2 weeks, 3 days ago

HC restrains recovery of loans taken by those affected by Wayanad landslides

The Hindu

A Division Bench of the Kerala High Court on Monday directed the State government and the State Level Banking Committee to ensure that no coercive steps are taken for recovery of loan amounts from those affected by the landslides in Wayanad till the Centre takes a decision on the State government’s request for loan waiver. Sundaresan appearing for the Centre …

State Centre Bench

'India's Got Latent' Row | 'Some People Writing Articles On Freedom Of Speech; We Know How To Handle Them Also' : Justice Surya Kant

2 weeks, 3 days ago

'India's Got Latent' Row | 'Some People Writing Articles On Freedom Of Speech; We Know How To Handle Them Also' : Justice Surya Kant

Live Law

During the hearing of Youtuber Ranveer Allahabadia's case against the FIRs over 'obscene' comments, Justice Surya Kant of Supreme Court today seemingly expressed disapproval of articles decrying the criminal action against Allahabadia and defending his freedom of speech and expression.The matter was before a bench of Justices Surya Kant and N Kotiswar Singh. During the hearing of Youtuber Ranveer Allahabadia's …

Justice Court Surya Kant Justice Surya Kant Kant Allahabadia

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court

2 weeks, 3 days ago

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court

Live Law

The Orissa High Court has held that it is not mandatory on the part of Court to hold a preliminary inquiry as provided under Section 379 of the Bharatiya Nagarik Suraksha Sanhita into commission of offences referred to in Section 215, BNSS in order to make or reject to make complaint. In order to decide maintainability of the petition, the …

Justice Court Criminal Inquiry Respondent Sec Complaint

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

2 weeks, 3 days ago

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

Live Law

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that …

Trial Court Bail Case High Act Matter

Article 136 intervention, supposed to be narrow-slit, hurting arbitral process now: Dhankhar

2 weeks, 5 days ago

Article 136 intervention, supposed to be narrow-slit, hurting arbitral process now: Dhankhar

The Hindu

Vice President Jagdeep Dhankhar on Saturday said the provision of special leave petition was supposed to be a "narrow-slit" but is now hurting the arbitral process due to its wide use. Addressing a conference on arbitration here, Mr. Dhankhar drew the attention towards the use of Article 136 and its impact on the arbitral process. Mr. Dhankhar said the "wall …

Process Dhankhar Arbitral Commercial Arbitration

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement

2 weeks, 5 days ago

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement

The Hindu

Frowning upon courts overstepping jurisdiction, the Supreme Court has set aside an order of the Allahabad High Court which directed the Director of Narcotics Control Bureau to pay ₹5 lakh as compensation to a man for alleged wrongful confinement. The apex court was hearing an appeal filed by the Narcotics Control Bureau challenging an order of the Lucknow bench of …

Court Order Ncb Wrongful Confinement

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

2 weeks, 5 days ago

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

Live Law

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure. Holding so, a bench comprising Justice Sanjay Karol and Justice Manmohan set aside a direction passed by the Allahabad High Court asking the Narcotics Control Bureau …

Law Supreme Court Compensation Court Accused Confinement Ncb

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

2 weeks, 6 days ago

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

Live Law

Recently, the Allahabad High Court published an administrative order changing the rules for listing cases arising out of the same FIRs/ case crime numbers. 2025 LiveLaw 188 More about the Apex Court's judgment here : Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies By order dated 25.02.2025, …

Crime Matters Court Bail Caste Judge Fir

Court Judgments Always Retrospective In Nature Unless Judgment Itself Specifies Its Prospective Operation: Supreme Court

2 weeks, 6 days ago

Court Judgments Always Retrospective In Nature Unless Judgment Itself Specifies Its Prospective Operation: Supreme Court

Live Law

The Supreme Court has reiterated that a judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that it will operate prospectively. "Whereas a law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation, the reverse is true for the …

Judgment Court Prospective

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

2 weeks, 6 days ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

Court Order State 2025 Fir This Court Interim

[S.292B Income Tax Act] Inadvertent Mistakes In Reassessment Can Be Saved But Assessment Order Overlooking Apparent Error Cannot: Delhi HC

2 weeks, 6 days ago

[S.292B Income Tax Act] Inadvertent Mistakes In Reassessment Can Be Saved But Assessment Order Overlooking Apparent Error Cannot: Delhi HC

Live Law

The Delhi High Court has made it clear that Section 292B of the Income Tax Act, 1961 cannot be used to save an assessment order passed by overlooking errors apparent on face of the record. A division bench of Chief Justice Devender Kumar Upadhyay and Justice Tushar Rao Gedela said while the provision would save reassessment notice which inadvertently furnished …

Information Assessment Income Tax Order Notice Department Act

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

3 weeks, 1 day ago

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

Live Law

The National Company Law Appellate Tribunal New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that the limitation period for filing an appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 shall commence from the date of passing of the order and not from the date when a copy of the …

Appeal Order Tribunal Period Date Limitation Period

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

3 weeks, 2 days ago

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

Live Law

While dismissing a writ petition filed by a compulsorily retired State Bank of India employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction. It is the duty of every litigant to disclose all material facts, as withholding material facts from …

Jurisdiction Court Jammu Facts Material Facts Himachal Pradesh This Court

Courts Have No Power To Extend Prescribed Period Of Limitation On Grounds Of Equity And Justice: Karnataka High Court

3 weeks, 2 days ago

Courts Have No Power To Extend Prescribed Period Of Limitation On Grounds Of Equity And Justice: Karnataka High Court

Live Law

The Karnataka High Court has said that Law of Limitation may harshly affect a particular party; but it has to be applied with all its rigour when the statute so prescribes. A division bench of Justice Krishna S Dixit and Justice G Basavaraja observed thus while dismissing a petition filed by one Kailasam P challenging the order of the Debt …

Power Application Limitation Delay Tribunal Act Kar

Change In Tax Rate In Future AYs Not Ground For Reassessment Without Fulfilling Jurisdictional Parameters U/S 148 Income Tax Act: Bombay HC

3 weeks, 2 days ago

Change In Tax Rate In Future AYs Not Ground For Reassessment Without Fulfilling Jurisdictional Parameters U/S 148 Income Tax Act: Bombay HC

Live Law

The Bombay High Court has made it clear that merely because the tax rate which is applicable on an assessee changes in future assessment years, is not a ground to initiate reassessment action against it for previous AYs, unless the 'jurisdictional parameters' of Section 148 of the Income Tax Act, 1961 are fulfilled. A division bench of Justices MS Sonak …

Reassessment Assessment Income Tax Resident Rate Four Years Petitioner

Appeal Can't Be Dismissed Due To Procedural Delay When Assessee Has Complied With Statutory Requirements Including Pre-Deposit: Madras HC

3 weeks, 3 days ago

Appeal Can't Be Dismissed Due To Procedural Delay When Assessee Has Complied With Statutory Requirements Including Pre-Deposit: Madras HC

Live Law

The Madras High Court stated that appeal can't be dismissed due to procedural delay, when assessee has complied statutory requirements including pre-deposit. “The appeal should not be dismissed merely due to a procedural delay, especially when the petitioner has made an effort to comply with the statutory requirements, including the pre-deposit of 10% of the tax liability and additional payments …

Appeal Tax Delay 5 Days Assessee 35 Days Statutory Requirements

[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

3 weeks, 4 days ago

[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

Live Law

The Jammu and Kashmir High Court has held that if a trial court does not consider an application for leave to defend a suit filed by the defendant on merits, the impugned judgment and decree become unsustainable in law. A bench of Justice Sanjay Dhar set aside the decree and judgment passed by the trial court and remanded the matter …

Court Application Held Suit Leave Dismissed Decree