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The Complete Supreme Court Annual Digest- 2023 [Part-XII]
Information RTI Act will become 'dead letter': Supreme Court directs States, Union to fill vacancies in Information Commissions. Anjali Bhardwaj v. Union of India, 2023 LiveLaw (SC) 942 'Ensure public authorities follow the mandate of Section 4 RTI Act': Supreme Court directs Central / State Information Commissioners. Kishan Chand Jain v. Union of India, 2023 LiveLaw (SC) 665 :...
Supreme Court Monthly Digest - March 2024
Citations 2024 LiveLaw (SC) 180 to 2024 LiveLaw (SC) 268 Agricultural Produce and Livestock Markets Act, 1966 Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh) – Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it...
Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
The Supreme Court (on April 26) admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. The matter was placed before Justices Hrishikesh Roy and Prashant Kumar Mishra. In the present case, both parties got married in the year 1994. In 2017, the respondent(wife) had filed an application under the Protection of...
Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held to have committed, the manner of their commission, the gravity of the offence, and also the desirability of releasing the convict on bail...
Supreme Court To Hear Pleas Of Arvind Kejriwal & Hemant Soren Against ED Arrest On April 29
The Supreme Court will hear on Monday (April 29) the petitions filed by former Jharkhand Chief Minister Hemant Soren and Delhi Chief Minister Arvind Kejriwal against their arrests by the Enforcement Directorate (ED).Both these petitions are listed before the bench of Justices Sanjiv Khanna and Dipankar Datta.Soren has approached the Supreme Court citing the delay by the Jharkhand High Court in pronouncing verdict on his petition against ED arrest despite concluding the hearing on February 28,...
Arrest A Classic Case Of Ruling Party Misusing ED To Crush Political Opponent, No Money Traced To AAP : Arvind Kejriwal To Supreme Court
Delhi Chief Minister Arvind Kejriwal has told the Supreme Court that his arrest by the Enforcement Directorate (ED) in the liquor policy case is illegal and constitutes an “unprecedented assault” on the tenets of democracy based on “free and fair elections and federalism.”Kejriwal, who is presently in judicial custody, has told the Apex Court that the money laundering case is a “classic case” of how the ruling party led central government has misused ED and its wide powers under PMLA to...
Supreme Court Stays Construction Of 4 Dams In Haryana's Kalesar Wildlife Sanctuary
The Supreme Court has stayed the construction of four dams in the Kalesar Wildlife Sanctuary in Haryanain view of the report of the Wildlife Institute of India that their construction will adversely impact the wildlife population and the ecosystem.The WII found that the construction of four dams—Chikan Dam, Kansli Dam, Ambawali Dam, and Khillanwalla—in Kalesar Wildlife Sanctuary,...
For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. Ravikumar and Rajesh Bindal observed that the courts below have...
The Complete Supreme Court Annual Digest- 2023 [Part-XI]
Eyewitness Merely because there are certain lacunae in the investigation, it cannot be a ground to disbelieve the testimony of eye-witnesses. (Para 47) Madan v. State of Uttar Pradesh, 2023 LiveLaw (SC) 982 Ocular evidence undoubtedly fares better than other kinds of evidence and is considered evidence of a strong nature. The principle is that if the eyewitness testimony is...
Supreme Court Issues Contempt Notice To Delhi Development Authority Vice Chairman For Felling Trees
The Supreme Court on Wednesday issued contempt notice to the vice-chairman of the Delhi Development Authority (DDA) for the felling of over 1,000 trees for the construction of an approach road between Chattarpur Road and SAARC University near Maidan Garhi here.A bench of justices B R Gavai and Sandeep Mehta noted :"Prima facie, we find that the action of DDA of felling the trees for...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 25 to 31]
Citations 2024 LiveLaw (SC) 256 to 2024 LiveLaw (SC) 268Arbitration and Conciliation Act, 1996Arbitration and Conciliation Act, 1996; Section 48 – Enforcement of foreign award in India challenged on grounds of arbitral bias – In India, courts must adopt an internationally recognized narrow standard of public policy, when dealing with the aspect of bias. Refusal of enforcement of foreign...
When Does Debt Become Financial Debt & Operational Debt Under IBC? Supreme Court Explains
In a significant development, the Supreme Court on Thursday (April 25) held that debt would be treated as an operational debt only if the claim subject matter of the debt has some connection or co-relation with the 'service' rendered by the creditor to the debtor."Where one party owes a debt to another and when the creditor is claiming under a written agreement/ arrangement providing...