Contract Law – OTS Scheme – Extension of Time – The Supreme Court held that the borrower cannot claim an extension of time under the OTS Scheme as a matter of right. The High Court erred in granting further time for the borrower to make the balance payment under the OTS Scheme beyond the stipulated period, in exercise of powers under Article 226 of the Constitution. The bank is p...
Constitutional Law – Right to Dignity – Article 21 of the Constitution guarantees the right to dignity and fair treatment to a living person and also extends this right to their body after death – Supreme Court emphasized that this right includes treating the body with respect and allowing family members to perform last rites according to religious traditions [Paras 36, 54].
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Civil Procedure – Grant of Opportunity to Lead Defence Evidence –Court reviewed the decision of the Trial Court granting an additional opportunity to the respondents to lead defence evidence in a civil suit involving property dispute. The case centered around the construction of an illegal wall and the obstruction it caused to the petitioners. [Para 1, 3-4, 9]
Opportunity ...
Employees' Pension Scheme – Amendments – Validity – The Supreme Court examined the amendments to the Employees' Pension Scheme, 1995, made by the Central Government through the notification dated 22nd August 2014. The Court upheld the legality of the amendments, including the revised method for determining pensionable salary based on the average of the last 60 months inst...
Insolvency Law – CIRP Against Corporate Guarantor – Liability of Guarantor – CIRP can be initiated against the Corporate Guarantor without first proceeding against the principal borrower – Liability of the guarantor is co-extensive with that of the principal borrower – Supreme Court held that the guarantor metamorphoses into a debtor or corporate debtor if the princip...
Income Tax – Leave Travel Concession (LTC) – TDS – The Supreme Court upheld the judgment of the Delhi High Court, affirming that the appellant, State Bank of India (SBI), was in default for not deducting tax at source on the LTC payments made to its employees. The Court ruled that LTC claims involving foreign travel are not exempt under Section 10(5) of the Income Tax Act, 1961. ...
Municipal Law – Possession and Permanent Injunction – Town Planning Scheme – Land reserved for public park under the sanctioned Town Planning Scheme vested in the Municipal Committee – Plaintiff sought permanent injunction alleging possession – Courts held possession of land was already taken over by Municipality and developed as a public park – Supreme Court he...
Constitutional Law – Article 243-Q – Entry Tax – The Supreme Court held that industrial areas or estates are included within the term 'local area' under Entry 52 of List II of the Seventh Schedule to the Constitution. The Court clarified that local areas for taxation purposes can encompass industrial townships, which are administered by some form of municipal or state reg...
Civil Procedure – Mesne Profits – Lease Determination – Appellant liable to pay damages for use and occupation at the rate the landlord could have let out the premises post-lease expiry – Under Section 2(12) CPC, the tenant's liability for damages is based on the rate at which the landlord could have rented out the premises upon tenant's vacating – Court must ...
Land Acquisition – Lapse of Proceedings – The Supreme Court held that a subsequent purchaser has no right to claim lapse of acquisition proceedings under Section 24(2) of the Act, 2013. The acquisition proceedings cannot be declared lapsed merely because possession could not be taken or compensation could not be deposited due to pending litigations [Paras 7-8].
Subsequent ...