News summary The news concerns a recent Supreme Court judgment in Kangra Central Cooperative Bank Ltd v Kangra Central Cooperative Bank Pensioners Welfare Association (Regd.) &…
News summary In a significant ruling in 2024, the Supreme Court of India clarified how review petitions should be handled in cases that were decided based…
In order to prevent needless delays in the enforcement of decrees, the Supreme Court of India issued a significant directive prohibiting executing courts from permitting the…
The Supreme Court has clarified that delay alone in pronouncing an arbitral award does not invalidate it; however, an undue and unexplained delay that demonstrably affects…
News Summary The Supreme Court has delivered a landmark decision clarifying the legal parameters for invoking a plea of demurrer—an objection that tests the legal sufficiency…
Kerala High Court has held that time spent by an accused on interim/temporary bail cannot be counted as “detention” for computing the statutory period for default…
The Supreme Court has directed the Debts Recovery Tribunal (DRT), Dehradun, to dispose of a pending securitisation application within the statutory period under Section 17(5) of the SARFAESI Act—60 days, extendable up to four months with recorded reasons. A bench of Justices Sanjay Kumar and Alok Aradhe, hearing Indian Overseas Bank v. Radhey Infra Solutions (P) Ltd., set aside the High Court’s non-intervention approach and criticised the DRT for delay. The Court underscored that extensions must be justified in writing, stressing the legislature’s intent for swift resolution of such applications.
The Supreme Court held that criminal courts cannot review or recall their own final, signed orders except to correct clerical or arithmetical mistakes, and set aside the Rajasthan High Court’s recall and transfer of two FIR investigations to the CBI. It ruled that inherent powers under Section 482 (now Section 528 BNSS) cannot override the bar in Section 362 CrPC (now Section 403 BNSS). The Court restored finality to the earlier order and allowed parties to seek appropriate remedies.
