Digests
Supreme Court Annual Digest 2022- Prevention of Money Laundering Act (PMLA), 2002
Prevention of Money Laundering Act 2002 - Money laundering is an independent offence. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867 Prevention of Money Laundering Act 2002 - Protective order passed against one investigating agency cannot operate against another investigating agency even if there are factual similarities in allegations- Interim...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 16 – 22, 2023]
SUBJECT WISE INDEX Arbitration 12 month’s time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 Bail Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of...
Supreme Court Annual Digest 2022- Service Law
Acquittal in Criminal Case Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond...
Supreme Court Annual Digest 2022- Panchayats And Municipalities
Constitution of India, 1950 - Appeal against High Court order that set aside order issued by Municipality cancelling work order to appellant - Allowed - In absence of any evidence and material on record and there being disputed questions of facts the High Court ought not to have passed the impugned judgment and order directing the Council to continue the work order....
Supreme Court Yearly Digest 2022- Judiciary
Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to para 486, clause 5...
Supreme Court Annual Digest 2022- Land Laws
Agricultural Produce Markets Act, 1961 (Rajasthan) - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. (Para 9) Krishi Upaj Mandi Samiti v. Commissioner, 2022 LiveLaw (SC) 203 : AIR 2022 SC 1234 : (2022) 5 SCC 62 Coal Mines (Nationalisation) Act, 1973; Section 3 - What was transferred to...
Supreme Court Annual Digest 2022- Negotiable Instruments Act
Negotiable Instruments Act, 1881 Section 3 - Banker Negotiable Instruments Act, 1881 - Section 3 - ‘Banker’ includes any person acting as a banker and any post office savings bank. In terms of this section, a post office savings bank is a banker under the NI Act. (Para 11) Pradeep Kumar v. Post Master General, 2022 LiveLaw (SC) 139 : (2022) 6 SCC 351 Section 8...
Supreme Court Annual Digest 2022- NDPS Act
Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sukhdev Singh v. State of Punjab, 2022 LiveLaw (SC) 245 Narcotic Drugs and Psychotropic Substances Act, 1985 - The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 17 - 34) [January 9 – 15, 2023]
SUBJECT WISE INDEX Administrative Law Administrative 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 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 Administrative Law...
Supreme Court Annual Digest 2022-Banking Law
Banking - The Bank employee always holds the position of trust where honesty and integrity are the sine qua non. (Para 11) United Bank of India v. Bachan Prasad Lall, 2022 LiveLaw (SC) 164 : AIR 2022 SC 943 : (2022) 4 SCC 358 Banking Companies (Period of Preservation of Records) Rules, 1985 - FERA Proceedings initiated against Banks - Show causes notices issued in the year 2002,...
Supreme Court Annual Digest 2022- Medical Law And Medical Education
Admission and Fee Admission and Fee Regulatory Committee (for Professional Courses offered in Private UnÂAided Professional Institutions) Rules, 2006 (Andhra Pradesh); Rule 4 - The education is not the business to earn profit. The tuition fee shall always be affordable. Determination of fee/review of fee shall be within the parameters of the fixation rules and shall have direct nexus...
Supreme Court Annual Digest 2022- Limitation Act
Limitation Limitation - Suo Motu Order Extending Limitation - Even the period of limitation which could have been extended and/or condoned by the Tribunal/Court is excluded and/or extended even up to 07.10.2021. (Para 2) Centaur Pharmaceuticals Pvt. Ltd. v. Stanford Laboratories Pvt. Ltd., 2022 LiveLaw (SC) 26 Limitation - When the proceedings are required to be initiated within...