Civil Appeal – Rejection of Plaint Under Rule 11 of Order VII of CPC – Appellant sought rejection of the plaint based on bar of res judicata – Learned Single Judge rejected the plaint, while the Division Bench of High Court reversed the decision – Supreme Court held that the issue of res judicata could not be decided under Rule 11 of Order VII of CPC at this stage. [Para 2-...
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 ...
Civil Procedure – Order 7 Rule 11(d) – Rejection of plaint – Court held that the provisions under the Guwahati Municipal Corporation Act, 1971 do not bar the civil court from entertaining a suit seeking declaration of an existing right to use a drain. The High Court erred in invoking Order VII Rule 11(d) of the CPC to reject the plaint on the grounds of jurisdiction [Paras 1-19]....
Insolvency and Bankruptcy Code – Resolution Plan Approval – Jurisdiction of Adjudicating and Appellate Authorities – Court held that the Adjudicating Authority and the Appellate Authority cannot interfere with the commercial wisdom of the Committee of Creditors (CoC) as long as the resolution plan meets the requirements under Section 30(2) of the IBC – Emphasized that the a...
Insolvency – Operational Creditor's Application – Notice of Dispute – The Supreme Court considered the provisions under Section 9(5)(ii)(d) of the Insolvency and Bankruptcy Code, 2016 – It was held that if a notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility, the adjudicating authority must reject t...
Tenancy and Partnership – Dissolution upon Death – The Supreme Court examined the effect of the death of partners on the tenancy rights of a non-residential premises under Section 12(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. It was held that with the death of both partners and in the absence of a clause permitting the continuation of the partn...
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...
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...
Motor Vehicle Act – Compensation for Prosthetic Limb – Continuing Mandamus – The Supreme Court held that compensation for future medical expenses, such as the maintenance and replacement of a prosthetic limb, must be awarded as a lump sum rather than through continuing directions. The Court emphasized that compensation should be determined at one go, taking into account future ev...