Will – Thumb Impression on Cancellation Deed – Genuineness – It is asserted that every person has a unique thumb impression, making forgery nearly impossible. Therefore, an adverse conclusion should not be drawn for affixing a thumb impression instead of signing documents related to property transactions. The genuineness of the cancellation deed cannot be doubted solely due to th...
Admissions – Centralized Counselling Mandate – The State of Uttar Pradesh mandated centralized counselling for all MBBS/BDS admissions, which Glocal Medical College violated by conducting private counselling. The Supreme Court upheld the requirement for centralized counselling to ensure transparency, merit, and fairness in admissions. [Paras 19-22]
Equitable Relief – Backdoor ...
Redemption of Mortgage – Right of Redemption – The right to redeem is a statutory right under Section 60 of the Transfer of Property Act, which cannot be extinguished by the act of parties or by a decree of the Court unless the right is duly adjudicated in the presence of all necessary parties. A purchaser of mortgaged property steps into the shoes of the mortgagor and is entitled to r...
SARFAESI Act – Tenancy Rights – The Court examined the validity of the appellant's tenancy under the SARFAESI Act and the Transfer of Property Act. It was held that for a tenancy to be valid and enforceable against a secured creditor, it must either predate the mortgage or be created with the mortgagee's consent and comply with Section 65A of the Transfer of Property Act. Addit...
Compensation Claim – Survival of Claim – The claim for personal injuries abates with the death of the injured if unrelated to the accident. However, the legal representatives can pursue claims for loss of the estate, which includes medical expenses, loss of income, and future prospects that would have accrued to the estate but for the accident. [Paras 9-20]
Loss of Estate – In...
Redemption of Mortgage – Limitation and Nature of Document – The Court examined whether the document dated 22.2.1969 was a conditional sale or a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882. The suit for redemption can be filed within 30 years from the date fixed for redemption. [Paras 1, 23]
Conditional Sale vs. Mortgage by Conditional Sale...
Payment of Gratuity – Effective Date of Amendment – The appellants challenged the date of commencement of the Payment of Gratuity (Amendment) Act, 2010, which was set as 24.5.2010, asserting it should be effective from 1.1.2007. The Court upheld the executive's decision to fix the commencement date, noting that the benefit of higher gratuity is a one-time payment available only aft...
Recognition of Educational Institutions – The Supreme Court addressed the issue of delay in the grant of recognition by the National Council for Teacher Education (NCTE) for conducting B.Ed. and D.El.Ed. courses. It was found that NCTE and its Regional Committees granted recognition for the Academic Year 2022-2023 after satisfying all requirements, but unjustifiably denied recognition for th...
Income Tax – Deduction of Interest Converted to Debentures – The issue was whether the issuance of debentures in lieu of interest accrued and payable constitutes "actual payment" under Section 43B. The Assessing Officer disallowed the deduction, but the CIT(A) and ITAT allowed it, holding that the issuance of debentures amounted to actual payment. [Paras 3-6]
Explanation 3...
Criminalisation in Politics – Obligation to Disclose Criminal Antecedents – Addressing the growing criminalisation in the Indian political system, the Supreme Court emphasized that maintaining the purity of the political system necessitates excluding individuals with criminal records from law-making roles. The Court questioned whether it could enforce such standards through directions ...