Latest Post

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor. Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest. Penal Code, 1860 (IPC) — Sections 394, 395, and 397 — Robbery and Attempt to Commit Robbery — Conviction and Sentencing — Appeal for suspension of sentence and bail — Appellants convicted by Trial Court for offences under Sections 394, 395, and 397 IPC. High Court confirmed conviction under Section 397 IPC and modified sentence to 8 years rigorous imprisonment, while holding no separate conviction for Sections 394 and 395 IPC. Transgender Persons (Protection of Rights) Act, 2019 and Rules, 2020 — Implementation — Lethargy, apathy, inaction on part of Union and States — Non-state establishments also in cold freeze of compliance — Serious concern — Community faces discrimination, marginalization, scarcity of healthcare, economic opportunities, non-inclusive education policies — Despite recognition of rights in statutes, reality is empty formality — Union and States need to do more to translate rights into reality.

Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Sections 25 and 27 – Murder – Re-appreciation of evidence – evidence cannot be discarded only for the reason that PW allegedly did not raise any alarm or did not try to intervene when the deceased was being ferociously assaulted and stabbed

SUPREME COURT OF INDIA DIVISION BENCH SURESH YADAV @ GUDDU — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Criminal…

Work and Contract – Blacklisting/Banning – Considering the seriousness of the matter that due to the omission and commission on the part of the contractor a serious incident had occurred as there was a collapse of a ten meter slab while constructing a flyover in which one person died and eleven others injured, as such the contractor does not deserve any leniency

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS — Appellant Vs. M/S PANDA INFRAPROJECT LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Rajasthan Agricultural Produce Markets Act, 1961 – Sections 9, 9(1), 9(2) and 9(2)(xvii) – Exemption to pay service tax – If the statute mandates that the Market Committees have to provide the land/shop/platform/space on rent/lease then and then only it can be said to be a mandatory statutory obligation otherwise it is only a discretionary function. No exemption from tax.

SUPREME COURT OF INDIA DIVISION BENCH KRISHI UPAJ MANDI SAMITI, NEW MANDI YARD, ALWAR — Appellant Vs. COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, ALWAR — Respondent ( Before :…

Employees Provident Fund And Miscellaneous Provisions Act, 1952 – Section 14B – Power to recover damages – Held, any default or delay in the payment of EPF contribution by the employer under the Act is a sine qua non for imposition of levy of damages under Section 14B of the Act 1952 and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.

SUPREME COURT OF INDIA DIVISION BENCH HORTICULTURE EXPERIMENT STATION GONIKOPPAL, COORG — Appellant Vs. THE REGIONAL PROVIDENT FUND ORGANIZATION — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

Service Matters

Application for permission to file review petition – Review Petition is now preferred by those who were not parties to the litigation with an application seeking permission to file Review Petition – No reason to grant the permission as prayed for – Consequently, the instant Review Petition is closed.

SUPREME COURT OF INDIA DIVISION BENCH VIJAY PRATAP YADAV AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Ajay…

Held the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises and earn rent if the tenant would have vacated the premises. The landlord is not bound by the contractual rate of rent effective for the period preceding the date of the decree. The doctrine of merger does not have the effect of postponing the date of termination of tenancy merely because the decree of eviction stands merged in the decree passed by the superior forum at a latter date. (2005) 1 SCC 705 reiterated .

SUPREME COURT OF INDIA DIVISION BENCH HEERA TRADERS — Appellant Vs. KAMLA JAIN — Respondent ( Before : K.M Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal No(s). 5996-5997…

U.P. Motor Vehicles Taxation Act, 1997 – HELD held that a financier of a motor vehicle/transport vehicle in respect of which a hire-purchase or lease or hypothecation agreement has been entered, is liable to tax from the date of taking possession of the said vehicle under the said agreement.

SUPREME COURT OF INDIA DIVISION BENCH MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

You missed