Digests
Supreme Court Yearly Digest 2022- POCSO Act
Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or sexual harassment on the...
Supreme Court Yearly Civil Digest 2022
AadhaarAadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525Act of GodAct of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God...
Supreme Court Annual Digest 2022 - Criminal Major Acts
Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that...
Supreme Court Monthly Digest- January 2023
Supreme Court Monthly Digest- January 2023 With Nominal And Statute/Subject Wise Index (Citations 1 to 67)SUBJECT WISE INDEXAdministrative LawAdministrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para...
Supreme Court Monthly Criminal Digest- January 2023
SUBJECT WISE INDEXBailSupreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC -...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 55 - 67) [January 23 – 31, 2023]
SUBJECT WISE INDEX Bail Supreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64 Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of...
Supreme Court Annual Digest 2022- Interpretation of Statutes
Interpretation of Statute - Difference and distinction between a charging provision in a fiscal statute and an exemption notification - The principle that in the event of ambiguity in a provision in a fiscal statute, a construction favourable to the assessee should be adopted is concerned, shall not be applicable to construction of an exemption notification, when it is clear and...
Supreme Court Annual Digest 2022- Words And Phrases
Appeal Words and Phrases - Appeal - An appeal is judicial examination of a decision of a subordinate court by a higher court to rectify any possible error(s) in the order under appeal. The law provides the remedy of an appeal in recognition of the fact that those manning the judicial tiers too may commit errors. (Para 28) BSES Rajdhani Power Ltd. v. Delhi Electricity...
Supreme Court Annual Digest 2022- TAX
See Also: Supreme Court Annual Digest 2022 - Income Tax Central Excise Act, 1944; Section 11B - Central Excise Rules, 2002 ; Rule 18 - While making claim for rebate of duty under Rule 18 of the Central Excise Rules, 2002, the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 shall have to be applied and applicable. (Para 15) Sansera Engineering Ltd....
Supreme Court On Corruption (2022)
Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read...
Supreme Court Annual Digest 2022- SARFAESI Act 2002
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited. (Para 24, 35) Indian Overseas Bank v. RCM Infrastructure Ltd; 2022 LiveLaw (SC) 496 : AIR 2022 SC 2687 : (2022) 8...
Supreme Court Monthly Digest: December 2022
Judgements/OrderCut-Off Date For Acquiring Qualification For The Post Advertised Is The Last Date Of Application : Supreme CourtCase Details: Himachal Pradesh State Electricity Board Ltd. vs Dharminder Singh | 2022 LiveLaw (SC) 999 | CA 8828 OF 2022The Supreme Court observed that the cut-off date for acquiring the qualification advertised is the last date of application.In this case, the...