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 Un­Aided 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...

Supreme Court Annual Digest 2022- Motor Vehicles Act

Motor Accident Claims - Motor Vehicles Act, 1988; Section 168 - the Notification of Minimum Wages Act can be a guiding factor only in a case where there is no clue available to evaluate monthly income of the deceased. Where positive evidence has been led, no reliance on the Notification could be placed, particularly when it was nobody's case that the deceased was a labourer as presumed...

Supreme Court Annual Digests 2022- Indian Penal Code

Penal Code, 1860 - Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6...

Supreme Court Annual Digest 2022- Labour Law

Bonded Labour System (Abolition) Act, 1976; Sections 16-17- For attracting the provision of Section 16 of the Act, the prosecution must establish that an accused has forced and compelled the victim to render bonded labour. This force and compulsion must be at the instance of the accused and the prosecution must establish the same beyond reasonable doubt. Similarly, under Section 17 of...

Supreme Court Annual Digest 2022- Juvenile Justice Act

Juvenile Justice Juvenile Justice - Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition- Where the plea of juvenility is raised at a belated stage, often certain medical tests are resorted to forage determination in absence of the documents - While appreciating the evidence adduced on behalf of the accused in support...

Supreme Court Annual Digest 2022- Insurance Law

Insurance Law Insurance - Insurance companies refusing claim on flimsy grounds and/or technical grounds - While settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control. (Para 4.1) Gurmel Singh v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 506 : AIR...

Supreme Court Annual Digest 2022- Hindu Law

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. It draws sustenance from Acts like the Hindu Marriage Act. This is for the reason that a petition within the meaning, for instance, of the Hindu Marriage Act, after a Family Court is established in India, is to be dealt with by the Family Court, on the grounds as provided under the...

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. It depends upon the quality and not the quantity of the witnesses and its importance. If the court is satisfied with the explanation given by the prosecution along with the adequacy of the materials sufficient enough to proceed with the trial and convict the accused, there...