Complete Supreme Court Yearly Digest Part-11

Service LawAcquittal in Criminal CaseDisciplinary 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 Weekly Digest With Nominal And Subject/Statute Wise Index[February 13 – 19, 2023]

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw...

Complete Supreme Court Yearly Digest Part-10

RRajiv Gandhi Assassination CaseRajiv Gandhi Assassination Case - Supreme Court orders premature release of all 6 convicts. R.P. Ravichandran v. State of Tamil Nadu, 2022 LiveLaw (SC) 954Ratio DecidendiRatio Decidendi - Final relief granted need not be the natural consequences of the ratio decidendi of its judgment. (Para 26) B.B. Patel v. DLF Universal Ltd; 2022 LiveLaw (SC) 90 : AIR 2022 SC...

Complete Supreme Court Yearly Digest Part-9

PPayment of Gratuity Act, 1972Payment of Gratuity Act, 1972; Sections 2(e) and 13A - Payment of Gratuity (Amendment) Act, 2009 - Constitutional validity of the amendment to Section 2(e) and insertion of Section 13A upheld - The amendment with retrospective effect is to make the benevolent provisions equally applicable to teachers - It seeks to bring equality and give fair treatment to...

Complete Supreme Court Yearly Digest Part-8

MMaintenance and Welfare of Parents and Senior Citizens Act, 2007Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 23 - Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of Section 23(1) - When it is alleged that the conditions mentioned in Section...

Complete Supreme Court Yearly Digest Part-7

Insolvency and Bankruptcy Code, 2016Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates...

Complete Supreme Court Yearly Digest Part-6

ElectricityElectricity - A basic amenity of which a person cannot be deprived - Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question. Dilip v. Satish, 2022...

Complete Supreme Court Yearly Digest Part-5

Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...

Complete Supreme Court Yearly Digest Part-4

Commercial Courts Act, 2015Commercial 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 and selecting...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [February 6 – 12, 2023]

SUBJECT WISE INDEX Bail The Supreme Court expresses anguish at Trial Courts acting in violation of its judgments on bail & remand. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94 Bail & Remand: Supreme Court expresses anguish at trial courts acting in violation of its judgments in Siddharth vs. State of Uttar Pradesh LL 2021 SC 391 & Satender Kumar Antil...

Complete Supreme Court Yearly Digest Part-3

Code of Criminal Procedure 1973Code 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 the...

Supreme Court Monthly Digest- January 2023

January has come and gone, leaving behind a trail of pulse-pounding legal events that took place in the Supreme Court of India. But fear not, as Live Law is back with its monthly digest to keep you informed and in the loop of all the key happenings in the Indian Supreme Court. Whether you are a legal enthusiast or just someone who wants to stay informed, our monthly digest has got you...