Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court
1 month, 1 week ago

Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court

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The Supreme Court through its recent order, observed that imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment debtor wilfully disobeyed its order. However, before passing an order for detention, the Court must be satisfied that the judgment-debtor, in spite of having an opportunity to obey the decree, has wilfully disobeyed it. “Thus, the onus of placing materials before the executing Court for enabling it to record a finding that the person against whom the order of detention is sought, has had an opportunity of obeying the decree for injunction, but has wilfully disobeyed it, lies on the person seeking such order of detention, lest the person seeking deprivation of the liberty of another cannot do so without fully satisfying the Court about its need.,” the Court explained. We fail to understand, why the High Court was not able to see the gross error in the order passed by the executing court, be it called an error of law or a jurisdictional error…” “If, therefore, an error, be it an error of fact or of law, is such that the erroneous decision has resulted in the subordinate Court or tribunal exercising jurisdiction, not vested in it by law, or in its having failed to exercise jurisdiction, vested in it by law, that will come within the scope of Section 115 of the Code or, for the matter of that, of Article 227 of the Constitution, as the case may be.” In the end, the Court also criticised the Trial Court for not giving an opportunity of hearing to the appellants.

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History of this topic

'Go To HC': Supreme Court Disposes Of Contempt Petition Filed Against UP Authorities Over Demolition Of Property At Sambhal
1 month, 2 weeks ago

'Go To HC': Supreme Court Disposes Of Contempt Petition Filed Against UP Authorities Over Demolition Of Property At Sambhal

Live Law  

Granting liberty to approach the Allahabad High Court, the Supreme Court today disposed of a contempt petition filed against Uttar Pradesh authorities for alleged violation of order dated November 13, 2024 restraining demolition actions across the country without prior notice and opportunity of hearing. A bench of Justices BR Gavai and K Vinod Chandran passed the order, stating, "We find …

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index
1 month, 3 weeks ago

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

Live Law  

Acquittal Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. v. Union of India, 2024 LiveLaw 1049 Order 7 Rule 11 CPC – Limitation Act, 1963; Article 59 - Rejection of Plaint – Suit for cancellation of a registered sale deed - Limitation - Whether the High Court was justified in …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 months, 1 week ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

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The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges
1 year, 2 months ago

Supreme Court Asks Lawyer Imprisoned For Contempt Of Court To Tender Apology Before Judges

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The Supreme Court on Friday asked a lawyer, who was sentenced to six months imprisonment by the Delhi High Court for contempt of court, to tender an unconditional apology before the judges against whom he made objectionable remarks. She pointed out that even in cases where more grave allegations have been made, the Supreme Court has let off contemnors with …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court
1 year, 11 months ago

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court

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The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. In the matter, the High Court commuted the death sentence to life imprisonment on the ground that there was an inordinate unexplained delay on the part of the State/Governor of the State in not deciding the …

Courts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme Court
2 years ago

Courts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme Court

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The Supreme Court recently highlighted that Courts should practise restraint while summoning government officials while hearing contempt cases. “This Court has repeatedly held that while it is open to the High court to come to any conclusion on the basis of the pleadings and materials available on record, it is not open to the Court to summon the appearance of …

Secured Creditors Vis-À-Vis Debt Recovery: A Positive Step
2 years, 1 month ago

Secured Creditors Vis-À-Vis Debt Recovery: A Positive Step

Live Law  

The creation of statutory charges and the subsequent recovery process initiated by the tax department has often clashed with the recovery mechanisms used by secured creditors like banks under the Securitization andReconstruction of Financial Assets and Enforcement of Security Interest Act,2002 and Recovery of Debts Due toBanks and Financial Institutions Act, 1993. Additionally, the tax department also challenged one of …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
2 years, 2 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR
2 years, 7 months ago

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR

Live Law  

The Supreme Court recently set aside a judgment of the Madhya Pradesh High Court which discharged a rape accused on the ground of delay in the registration of the First Information Report.The bench comprising Justices DY Chandrachud and JB Pardiwala observed that the High Court judgment is perverse and utterly incomprehensible. The Supreme Court recently set aside a judgment of …

Supreme Court Refuses To Interfere With Order Granting Parole To Life Convict To Beget A Child
2 years, 7 months ago

Supreme Court Refuses To Interfere With Order Granting Parole To Life Convict To Beget A Child

Live Law  

The Supreme Court on Monday refused to interfere with the Rajasthan High Court's order of granting parole to a life convict to perform conjugal relationship with his wife to beget a child, as the parole period of 15 days was already over. However, the Court observed that it has "reservations" on some observations made by the High Court's order passed …

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court
2 years, 7 months ago

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court

Live Law  

The Supreme Court observed that a High Court has inherent power under Section 482 CrPC to recall a judgment/order which was passed without hearing a person prejudicially affected by it.In this case, the allegation against the accused was that they had cheated the deceased of Rs.2,35,73,200/- and thus the deceased, who was in acute financial crunch, was constrained to take …

Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court
3 years ago

Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court

Live Law  

The Supreme Court observed that courts cannot interfere with the quantum of punishment imposed by the disciplinary authority unless it is grossly disproportionate.Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved, the bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed.In. Quantum of punishment is …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Judgment Debtor Can't Raise Objections In Instalments; Res Judicata Applicable To Execution Proceedings : Supreme Court
3 years, 5 months ago

Judgment Debtor Can't Raise Objections In Instalments; Res Judicata Applicable To Execution Proceedings : Supreme Court

Live Law  

The Supreme Court has observed that the principle of res judicata will apply to execution proceedings as well. The Court added that a judgment debtor cannot raise objections to executions in installments.A bench comprising Justices Hemant Gupta and V Ramasburmanian made this observation while rejecting a new objection raised by a judgment-debtor against the auction-sale proceedings in the. A bench …

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards
3 years, 8 months ago

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards

Live Law  

Observing that an inordinate delay would frustrate the decree holders from reaping benefits, the Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower courts to expedite the proceedings within one year of their institution. Execution proceedings instituted within two years of the decree/award The Court directed …

'I Had To Use Tiger Balm After Reading It', Says Justice MR Shah Over 'Incomprehensible' High Court Judgment
4 years ago

'I Had To Use Tiger Balm After Reading It', Says Justice MR Shah Over 'Incomprehensible' High Court Judgment

Live Law  

The Supreme Court on Friday expressed its displeasure at the incomprehensible manner in which judgments are coming to be written by High Courts. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing a SLP arising out of an order passed by a division bench of the Himachal Pradesh High Court in a writ petition under Article …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 9 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]
7 years, 8 months ago

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

Live Law  

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in …

Order. Order! Order? – Visiting Judicial Controversies of 2015
9 years, 2 months ago

Order. Order! Order? – Visiting Judicial Controversies of 2015

Live Law  

Whittier wrote –“For all sad words of tongue or pen,The saddest are these : It might have been.”Shedding the controversies of the winter past, 2015 wrote its own bundle of issues. The Supreme Court through Justice Khehar appointed a fresh 3 member committee of Justices G.Rohini, Ajay Rastogi & Chandrachud which opined that there was no case against the High …

Cases of Financial Frauds shall not be quashed on the ground of Compromise as it is a social wrong and it has immense societal impact: Supreme Court [Read the Judgment]
10 years, 6 months ago

Cases of Financial Frauds shall not be quashed on the ground of Compromise as it is a social wrong and it has immense societal impact: Supreme Court [Read the Judgment]

Live Law  

Hearing an appeal filed by State of Maharashtra against the judgment of the Bombay High Court, the Supreme Court held that High Courts should not quash FIR in cases of financial frauds where public is at a loss, even if there is a settlement.The judgment written by Justice Dipak Misra, relied on the judgment delivered by the Supreme Court in …

Criminal Proceedings shall not be interdicted on the ground of legitimacy of Sanction; SC warns the HCs [Read Judgment]
10 years, 11 months ago

Criminal Proceedings shall not be interdicted on the ground of legitimacy of Sanction; SC warns the HCs [Read Judgment]

Live Law  

Supreme Court on Monday ruled that the High Courts cannot interdict the criminal proceedings against public servants merely on the ground that there was no sanction for the prosecution from the competent authority.A two Judge Bench of Supreme Court comprising of Chief Justice P. Sathasivam and Justice Ranjan Gogoi on Monday has cautioned the High Courts holding that Criminal Proceedings …

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