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In a landmark decision, the Supreme Court has asserted that the complete earnest money submitted by an auction purchaser can be forfeited in accordance with Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 (SARFAESI Rules) if the remaining amount is not deposited within the specified period. Rejecting the Madras High Court’s perspective that the …

Supreme Court Ruling: Entire 25% Deposit Forfeited in SARFAESI Cases Read More »

In a recent legal precedent, the Supreme Court emphatically declared that a meticulous interpretation of statutory language must not succumb to the inclination of ‘Reading Down’ solely based on the imposition of stringent consequences. The apex court maintained that if a straightforward comprehension of a clause aligns with the intended objectives and purposes of the …

Supreme Court Asserts Unyielding Stance on Unambiguous Statutory Provisions Read More »

In a recent judicial pronouncement within the realm of the Maharashtra Rent Control Act, the Supreme Court has emphasized the necessity for a meticulous examination of immediate urgency when considering the eviction of a tenant based on a municipal demolition order. The verdict, rendered in the case of Baitulla Ismail Shaikh and Anr. versus Khatija …

Supreme Court Asserts Judicial Scrutiny in Tenant Eviction Cases Amidst Municipality Demolition Orders Read More »

In a groundbreaking decision, the Supreme Court has clarified the hierarchy between conflicting clauses in legal deeds. The Court held that if an inconsistency arises between the earlier and later clauses of a deed, with the later clause nullifying the obligations set by the former, the later clause is deemed repugnant and is to be …

Landmark Supreme Court Ruling Establishes Priority of Earlier Clauses in Deeds Read More »

In a decisive move, the Supreme Court has halted an Allahabad High Court directive that required Uttar Pradesh to seek court approval before establishing Educational Service Tribunals. The apex court, led by Justices BR Gavai and Sanjay Karol, deemed the High Court’s order as an encroachment into the domain reserved for the legislature and executive. …

Supreme Court Asserts Legislative Authority, Halts Allahabad HC Mandate for Educational Tribunal Approval Read More »

In a recent judicial pronouncement, the Supreme Court tackled a case where the sanctity of a status quo order regarding the possession of a disputed property was intentionally disregarded. The apex court, comprising Justices Aniruddha Bose and Sanjay Kumar, ruled that such actions constitute civil contempt. Rather than merely lifting the stay on execution proceedings, …

Supreme Court Decides: Contempt Proceedings Instead of Vacating Order for Violating Status Quo Read More »

In a recent legal twist, the Supreme Court has voiced its discontent over the Bombay High Court’s decision to forego a thorough examination of a bail application and instead redirect the accused to file it directly before the Trial Court. Criticizing this maneuver as a neglect of judicial authority, the apex court scrutinized the High …

Supreme Court Decries High Court’s Bypass of Merit in Bail Application, Urges Direct Adjudication Instead Read More »

In a landmark move aimed at embedding the principles of the “environmental rule of law” into India’s environmental governance, the Supreme Court has outlined key features that environmental bodies must adopt to effectively safeguard forests, wildlife, and the environment. The court’s directives come in response to the Ministry of Environment, Forest and Climate Change’s September …

Supreme Court Unveils Blueprint for Environmental Governance: Emphasizes Need for Regular Auditing Read More »

In a recent pronouncement, the Supreme Court has underscored the imperative for magistrates to exercise scrupulous care when issuing summoning orders. The court has directed that summoning should not be a perfunctory act but rather a result of the magistrate’s thorough satisfaction regarding the existence of substantial grounds warranting legal proceedings against the accused. The …

 Judicial Precision Mandated: Supreme Court Emphasizes Deliberate Evaluation Before Summoning Accused Read More »

In a recent pronouncement, the Supreme Court emphasized a critical distinction in the legal realm pertaining to cases falling under Section 138 of the Negotiable Instruments Act, 1881. The court held steadfast to the principle that the determination of the timeliness of the underlying debt is intricately tied to the presented evidence. Underlining the intricacies …

New Perspective Emerges: Supreme Court Asserts High Court Shouldn’t Determine Timeliness of Debt in Cheque Dishonor Cases under Section 482 CrPC Read More »