Supreme Court Updates

‘Interest Charged By Builder Can Be Granted To Buyer’ : Supreme Court Enhances Interest Payable On Delayed Handover Of Plot

In a significant ruling, the Supreme Court granted relief to homebuyers by raising the interest rate from 9% to 18% for the delayed handover of plot possession. The court observed that a builder who imposes 18% interest on buyers for late payments cannot avoid the same responsibility when failing to deliver possession on time to …

‘Interest Charged By Builder Can Be Granted To Buyer’ : Supreme Court Enhances Interest Payable On Delayed Handover Of Plot Read More »

High Court’s Inherent Power Can Be Invoked To Cancel Bail After Sessions Court’s Dismissal Of S.439(2) CrPC Plea : Supreme Court

The Supreme Court has determined that a request for the cancellation of bail can be made to the High Court by invoking its powers under Section 439(2) in conjunction with Section 482 of the Code of Criminal Procedure, even if the Sessions Court has previously denied a cancellation request under Section 439(2). The Court rejected …

High Court’s Inherent Power Can Be Invoked To Cancel Bail After Sessions Court’s Dismissal Of S.439(2) CrPC Plea : Supreme Court Read More »

Being ‘Bright Student’ No Grounds To Quash FIR: Bombay HC In Student’s Plea Seeking Relief Over Allegedly Objectionable Post On Op Sindoor.

On Friday, the Bombay High Court stated orally that it cannot dismiss an FIR filed against a 19-year-old female engineering student for sharing an objectionable post titled ‘Operation Sindoor’ on social media, merely because she has expressed remorse, is an exemplary student, or has excelled in her examinations with “flying colours.” A division bench comprising …

Being ‘Bright Student’ No Grounds To Quash FIR: Bombay HC In Student’s Plea Seeking Relief Over Allegedly Objectionable Post On Op Sindoor. Read More »

Reasons Not Stated In An Order Can Be Considered In Limited Circumstances: Supreme Court

The Supreme Court established an exception to the ‘speaking order’ rule, asserting that while the validity of an administrative order is typically assessed solely based on the reasons provided within it, the Court may, under specific circumstances, consider existing but unarticulated grounds that are apparent from the record. A panel of Justices Dipankar Datta and …

Reasons Not Stated In An Order Can Be Considered In Limited Circumstances: Supreme Court Read More »

Every New Housing Project Must Be Registered With Local Revenue Authority On Buyer Paying 20% Cost : Supreme Court

To protect the interests of homebuyers, the Supreme Court has mandated that all residential real estate transactions for new housing projects must be registered with local revenue authorities once the buyer/allottee has paid a minimum of 20% of the property’s cost. Additionally, the Court specified that contracts which significantly diverge from the Model RERA Agreement …

Every New Housing Project Must Be Registered With Local Revenue Authority On Buyer Paying 20% Cost : Supreme Court Read More »

Agreement To Sell, General Power Of Attorney Won’t Confer Title In Property : Supreme Court Reiterates..

The Supreme Court on September 1 reaffirmed that the title to immovable property cannot be transferred without a registered sale deed. The bench, consisting of Justices Aravind Kumar and Sandeep Mehta, set aside a decision made by the Delhi High Court. The High Court had upheld a trial court’s order that granted possession, a mandatory …

Agreement To Sell, General Power Of Attorney Won’t Confer Title In Property : Supreme Court Reiterates.. Read More »

Supreme Court Voids Companies Act Amendment, Enabling Unlimited Corporate Donations Through Electoral Bonds Infringes Free And Fair Elections

The controversial electoral bonds scheme was declared unlawful by the Supreme Court in a landmark decision today. The court found that the anonymity provided by electoral bonds breaches the right to information guaranteed by Article 19(1)(a) of the Constitution. This ruling follows the hearing of several petitions against the plan by a constitution bench that …

Supreme Court Voids Companies Act Amendment, Enabling Unlimited Corporate Donations Through Electoral Bonds Infringes Free And Fair Elections Read More »

Supreme Court: In Maharashtra Panchayat Members From Reserved Seats Will Be Disqualified If Caste Validity Certificate Is Not Produced Within 12 Months Of Election

According to a ruling by the Supreme Court, Panchayat members in Maharashtra who were elected from seats designated for SC/OBC shall be immediately disqualified if they do not present the Scrutiny Committee’s Validity Certificate for their Caste Certificate within a year of the election. The reason for this is that the Maharashtra Village Panchayats Act …

Supreme Court: In Maharashtra Panchayat Members From Reserved Seats Will Be Disqualified If Caste Validity Certificate Is Not Produced Within 12 Months Of Election Read More »

The Supreme Court Restates That Adverse Possession May Be The Basis For A Declaration Of Title Suit.

The plaintiff may initiate a claim for declaration of title based on the plea of adverse possession, the Supreme Court has reaffirmed. The Court of Appeal overturned the High Court’s decision. Justices P.S. Narasimha and Aravind Kumar noted in their reference to the Ravinder Kaur Grewal v. Manjit Kaur ruling that a plaintiff is entitled …

The Supreme Court Restates That Adverse Possession May Be The Basis For A Declaration Of Title Suit. Read More »

An Earlier Clause Will Take Precedence Over A Later One In A Deed When They Are Both Repugnant: Supreme Court

The Supreme Court recently noted that if a deed’s earlier and later clauses are repugnant to one another—that is, if a later clause completely eliminates the obligation that the earlier clause created—then the earlier clause should take precedence and the later clause should be rejected. The Bench of Justices Vikram Nath and Ahsanuddin Amanullah remarked …

An Earlier Clause Will Take Precedence Over A Later One In A Deed When They Are Both Repugnant: Supreme Court Read More »

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