Supreme Court Criminal Digest May 2023

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. Sebil Elanjimpally v. State of Odisha, 2023 LiveLaw (SC) 474Accused were not traceable - Once the body was found and police entered the scene, after the first information report, even if the accused had been away and innocent, his instinct of self-preservation would have got the better of him to evade...

Supreme Court Monthly Digest May 2023

SUBJECT WISE INDEXAdverse PossessionThe onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties. (Para 7) Prasanna v. Mudegowda, 2023 LiveLaw (SC) 381Amravati Land ScamThe Supreme Court set aside the High Court order which stayed the probe...

Supreme Court Weekly Digest With Nominal And Subject/Statute. Wise Index[August 21 – 31, 2023]

Citations: 2023 LiveLaw (SC) 680 To 2023 LiveLaw (SC) 736SUBJECT WISE INDEXAbortion Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680‘Forcing woman to have child born out of rape against constitutional philosophy’: Supreme Court allows survivor’s plea for abortion. XYZ v. State of Gujarat, 2023...

Consumer Case Weekly Round-Up: 18th September 2023 – 23rd September 2023

1. Ministry of Consumer Affairs, Food and Public Distribution NCDRC & Department Of Consumer Affairs Claims A Disposal Rate Of 188% In The Month Of August, 2023 In an official government notification issued on September 19th, the Ministry of Consumer Affairs, Food & Public Distribution has announced an outstanding achievement in resolving consumer cases by the...

Weekly Digest Of IBC Cases: 18th To 24th September 2023

NCLAT Resolution Professional Not Obligated To Share All Information With Shareholders Of Corporate Debtor: NCLAT Delhi Case Title: M/s Dauphin Cables Pvt. Ltd. v Mr. Praveen Bansal Case No.: Company Appeal (AT) Insolvency No. 971, 972 & 973 of 2023 The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Ashok Bhushan...

Arbitration Cases Weekly Round-Up: 18 To 24 September 2023

Supreme Court: 'Every Arbitrator May Not Be Legally Trained, Some Decisions Are Based On Equity' : Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards Case Title: Batliboi Environmental Engineers Limited vs Hindustan Petroleum Corporation Ltd and Anr. The Supreme Court bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that...

Tax Cases Weekly Round-Up: 17 September To 23 September, 2023

Delhi High Court Tax Authority Based In Delhi Lacks Jurisdiction On Withholding Tax Liability On Share Purchase Transaction: Delhi High Court Quashes Tax Demand Against Sumitomo Case Title: Sumitomo Mitsui Financial Group Inc. Versus CIT The Delhi High Court has deleted the tax demand against Sumitomo Mitsui Financial Group on the grounds of lack of jurisdiction. Delhi...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]

Citations: 2023 LiveLaw (SC) 639 To 2023 LiveLaw (SC) 679SUBJECT WISE INDEXAllotment of PlotsAllotment of Plots - E-auction - When the HSIIDC as the authority deciding to allot industrial plots had laid down a particular procedure which will ensure fairness and transparency amongst the participants, they cannot depart from the notified process particularly when there was no technical...

Weekly Digest Of IBC Cases: 11th To 17th September 2023

Supreme Court IBC | Cannot Ask Successful Resolution Applicant To Pay Arrears Payable By Corporate Debtor For Grant/Restoration Of Electricity Connection: Supreme Court Case Title: Tata Power Western Odisha Distribution Limited & Anr. V Jagannath Sponge Private Limited Citation: 2023 LiveLaw (SC) 788 The Supreme Court has held that under the Insolvency and Bankruptcy...

Arbitration Cases Weekly Round-Up: 11 To 17 September 2023

Calcutta High Court:Arbitration Act | Tribunal’s Mandate Terminates U/S 29A Unless Extended During Subsistence: Calcutta High Court Case Title: Rohan Builders (India) Pvt Ltd vs Berger Paints India Ltd The Calcutta High Court has recently held that the mandate of an arbitral tribunal is held to be terminated under Section 29A of the Arbitration & Conciliation Act,...

Tax Cases Weekly Round-Up: 10 September To 16 September, 2023

Delhi High Court Overlooking Assesssee’s Reply Demonstrates Non-Application Of Mind By The AO: Delhi High Court Case Title: Aphv India Investco. Private Limited Versus ACIT The Delhi High Court has quashed the draft assessment orders, final assessment orders, and consequential demand on the grounds that the assessing officer inadvertently overlooked the email reply of...

Supreme Court Weekly Roundup: September 11 To September 17, 2023

Judgments/OrdersIt Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence: Supreme CourtCase Title: Satendra Babu vs. State of Uttar PradeshCitation : 2023 LiveLaw (SC) 766The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail...