Digests
Supreme Court Annual Digest 2022- Commercial Courts Act 2015
Commercial Courts Act, 2015 Commercial Courts Act, 2015 - Mediation lightens the load of the judges- Section 12A contemplated only for a class of suits not requiring urgent relief- suits which contemplate urgent interim relief, the Law-giver has carefully vouch-safed immediate access to justice as contemplated ordinarily through the courts. The carving out of a class of suits...
Supreme Court Annual Digest 2022-Code Of Criminal Procedure (CrPC)
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 Annual Digest 2022- Code Of Civil Procedure (CPC)
Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112 Dominus Litus Code of Civil Procedure, 1908 -...
Supreme Court Annual Digest 2022- ADMINISTRATIVE LAW
Administrative Law Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[December 19 – 31, 2022, Citation 1036-1041]
Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 - Supreme Court directs Centre and IITs to follow the reservation and act as per the reservations provided under the Act. Sachchida Nand Pandey v. Union of India, 2022 LiveLaw (SC) 1037 Code of Civil Procedure, 1908; Order XXX Rule 4 and Order XXII Rule 10 - The death of one of the partners does not foreclose...
Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index- December 2022 (Citation 999-1041)
Advocates Act 1961 - Disciplinary action against striking lawyers - Bar Council of India to take appropriate action against all the executive members of different Bar Associations on strike contrary to directions of this Court and logically we would expect their licences to be suspended at least till the work is resumed and further action against the members of the Action...
Supreme Court Annual Digest 2022-Income Tax
Income Tax Act, 1961Income Tax Act, 1961 - Appeal against Gujarat High Court judgment extending the immunity under the "Income Declaration Scheme" (IDS) to an assessee who was not the declarant under the scheme - Allowed - The High Court fell into error, in holding that the sequitur to a declaration under the IDS can lead to immunity (from taxation) in the hands of a non-declarant....
Supreme Court Annual Digest 2022 - Insolvency and Bankruptcy Code (IBC) With Parallel Citations
Insolvency andBankruptcy Code, 2016 - Appealchallenging NCLAT order which reversed the order of the NCLT wherein it hadheld that the application under Section 9 of the Insolvency and BankruptcyCode, 2016 was not time-barred - Allowed - The failure of the NCLAT as thefirst appellate authority to look into a very vital aspect such as this,vitiates its order, especially when NCLT has recorded...
Supreme Court Annual Digest 2022- Arbitration [ With Parallel Citations]
Arbitration Act, 1940ArbitrationAct, 1940- The powers exercised by the court under the provisions of the 1940 Act arejudicial powers and that the power to make an award "Rule of Court" is not amechanical power. (Para 127 (ii), 113) Secretaryof Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593Arbitration and Conciliation Act1996Arbitration...
Supreme Court Weekly Digest With Nominal And Subject Index [December 12 – 18, 2022]
Code of Civil Procedure, 1908; Order XXI - Execution Proceedings - The woes of a decree holder begin after obtaining a decree. It is in execution that a decree holder is confronted with an unimaginably large number of obstacles. (Para 1) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Civil Procedure, 1908; Order XXI - The mere dismissal of...
Supreme Court Weekly Digest December 2022 With Nominal And Subject/Statute Wise Index [December 5 – 11, 2022]
Advocates Act 1961 - Supreme Court Rules - Advocates-on-Record System - Supreme Court has authority to prescribe who can act or plead in the court as per Article 145 of the Constitution read along with Section 52(b) of The Advocates Act, 1961 - Challenge against AoR system dismissed. Nandini Sharma v. Registrar, Supreme Court of India, 2022 LiveLaw (SC) 1018 Code of Criminal...
Now Full Set Of Supreme Court Quarterly Digests [July - Sept 2022] Are Available For Premium Subscribers!
Avail a one year LiveLaw Premium Subscription with 25% off at just INR 1499+GST per year.Limited time offer !Subscribe Now - livelaw.in/pricingSupreme Court Quarterly Digests [July To September] Free With LiveLaw Premium SubscriptionSupreme Court Complete Quarterly Digest-All Subjects- (July- September, 2022) (Citations 560 - 814)CONSTITUTION & CIVIL LAWSupreme Court Quarterly Digest...