Housing Law – Transfer of Property – Discrepancies in Name – Appellant's grandfather was allotted a house on a rental basis in 1968 – Following his death, the tenancy was transferred to the appellant's father and subsequently converted to hire purchase – Despite discrepancies in the name and initials of the original allottee, the Supreme Court held t...
Prevention of Corruption – Extrajudicial Confession – Confession obtained from the respondent-officer deemed involuntary – Supreme Court emphasized that extrajudicial confessions are weak evidence and require corroboration – Conviction based solely on such confessions without corroboration is unjustified – The court held the findings of the Armed Forces Tribunal (AFT)...
Eviction – Public Premises – Nationalisation Act – Respondent challenged eviction on grounds that property was private and not a "mine" – Supreme Court held that under Section 3(1) of the Nationalisation Act, properties falling under the definition of "mine" transferred to the Central Government – Definition under Section 2(h) includes lands and bu...
Power of Attorney – Authorization to Sell – Supreme Court held that a power of attorney must explicitly confer the power to sell property for the agent to have such authority – The document in question only contained provisions for leasing and executing necessary documents if a security had to be offered for borrowal – No express power to sell the property was included, ren...
Public Interest Litigation – Gandhi Ashram Redevelopment – Appellant challenged a Government Resolution for redevelopment of the Gandhi Ashram Memorial – Supreme Court held that the High Court erred in disposing of the writ petition without calling for a reply from the State of Gujarat – The High Court should have allowed the pleadings to be completed and afforded the State...
Company Law – Interim Stay of Investigation – The Supreme Court held that the High Court was not justified in staying the investigation and passing consequential directions at the interlocutory stage. The Court emphasized that Section 212(3) of the Companies Act 2013 is directory and not mandatory, and the investigation was within the jurisdiction of the Union Government [Paras 12-16]....
Securities Law – Manipulative Trading – The Supreme Court upheld the SEBI order barring the appellant from proprietary trading for four years. The Court found that the appellant engaged in manipulative self-trades to inflate share prices, causing detriment to investors. The penalty was deemed proportionate to the gravity of the offense [Paras 1-15].
Penalty and Proportionality &ndas...
Insolvency and Bankruptcy – Financial Debt – The Supreme Court held that a liability in respect of a claim arising out of a Recovery Certificate constitutes a "financial debt" under Section 5(8) of the IBC. Consequently, the holder of a Recovery Certificate is a "financial creditor" as per Section 5(7) of the IBC, and is entitled to initiate CIRP if the application ...
Service Law – Civil Judges Selection – The Supreme Court held that the rejection of candidates on the technical ground of non-production of original certificates at the time of the interview was improper, unjustified, and not warranted. The Court noted that there were vacancies available, which, if filled by meritorious candidates, would benefit the institution by helping in the dispos...
Service Law – Equal Pay for Equal Work – The Supreme Court upheld the High Court's decision that the appellants, appointed as Shiksha Karmis under the Shiksha Karmis Rules 1998, are not entitled to the same pay-scale as Municipal teachers appointed under the Rules 1968. The Court found that Shiksha Karmis and Municipal teachers are governed by different rules with different methods...