Supreme Court Overturns High Court in Specific Performance Case: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a court should grant specific performance of a contract for the sale of land where the buyer has not paid the full consideration or taken steps to fulfill their obligations under the contract. CASE TYPE: […]
Supreme Court Upholds Specific Performance Decree, Orders Additional Payment: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted, and what considerations should guide the court’s discretion, especially when the market value of the property has increased. CASE TYPE:
Supreme Court Allows Benefit of Sabka Vishwas Scheme Despite Moratorium: Shekhar Resorts vs. Union of India (2023) LEGAL ISSUE: Whether a company facing a moratorium under the Insolvency and Bankruptcy Code (IBC) can be denied the benefits of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, if it could not make payments within the scheme’s
Supreme Court Allows Settlement Under Sabka Vishwas Scheme Despite IBC Moratorium Date of the Judgment: 5 January 2023 Citation: (2023) INSC 15 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a company be denied the benefits of the “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” if it could not make payments due to a
Supreme Court Clarifies Pre-Deposit Requirements under SARFAESI Act LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha Neelkanth Paper Industries Private Limited & Another vs. Prudent
Supreme Court Clarifies Pre-Deposit Requirements Under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha
Supreme Court Restores Specific Performance Decree in Land Sale Dispute Date of the Judgment: 05 January 2023 Citation: (2023) INSC 17 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a Trial Court’s decision on the readiness and willingness of a buyer to purchase a property, especially when the buyer
Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Date of the Judgment: January 05, 2023 Citation: 2023 INSC 19 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a trial court’s finding on the readiness and willingness of a buyer to perform a contract for sale, simply because
Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Read Post »
Supreme Court Clarifies Proof of Corruption in Absence of Complainant: Neeraj Dutta vs. State (2022) LEGAL ISSUE: Can a public servant be convicted of corruption under the Prevention of Corruption Act, 1988, if the complainant’s direct evidence is unavailable? CASE TYPE: Criminal Law – Prevention of Corruption Case Name: Neeraj Dutta vs. State (Govt. of
Supreme Court quashes conviction in corruption case citing double jeopardy: T.P. Gopalakrishnan vs. State of Kerala (2022) LEGAL ISSUE: Whether a second prosecution for the same offense, based on the same facts, is permissible under the principle of double jeopardy. CASE TYPE: Criminal Law, Prevention of Corruption Act Case Name: T.P. Gopalakrishnan vs. State of
Supreme Court Clarifies Power to Summon Additional Accused Under Section 319 CrPC Date of the Judgment: 5 December 2022 Citation: Criminal Appeal No. 885 of 2019 Judges: S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian, B.V. Nagarathna Bench Composition: The judgment was delivered by a five-judge bench, with Justice A.S. Bopanna authoring the opinion.
Supreme Court Enhances Compensation for Cleaner Injured in Lorry Accident LEGAL ISSUE: Assessment of compensation in motor accident injury cases, particularly concerning permanent disability and loss of earning capacity. CASE TYPE: Motor Vehicle Accident Compensation Case Name: T.J. Parameshwarappa @ Parameshwarappa @ J.T. Parameshwarappa @ Talalkena Gowdra Parameshwarappa vs. The Branch Manager, New India Assurance
