The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Municipal Corporation Act (Delhi) Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently,...

The Complete Supreme Court Annual Digest- 2023 [Part-XIII]

Labour Law EPF Act can be applied even to factories not engaged in schedule 1 industries: Supreme Court rejects plea of umbrella making unit. Thankamma Baby v. Regional Provident Fund Commissioner, 2023 LiveLaw (SC) 972 Provident fund - when can two establishments be clubbed together for epf act coverage? the supreme court explains. Mathosri Manikbai Kothari College of Visual Arts...

The Complete Supreme Court Annual Digest- 2023 [Part-XI]

Eyewitness Merely because there are certain lacunae in the investigation, it cannot be a ground to disbelieve the testimony of eye-witnesses. (Para 47) Madan v. State of Uttar Pradesh, 2023 LiveLaw (SC) 982 Ocular evidence undoubtedly fares better than other kinds of evidence and is considered evidence of a strong nature. The principle is that if the eyewitness testimony is...

The Complete Supreme Court Annual Digest- 2023 [Part-X]

Environment Environment and Wildlife Protection - Supreme Court extends the jurisdiction of a committee constituted by the Tripura High Court to oversee transfer of wild animals pan-India- Court directs that all State and Central Authorities shall forthwith report seizure of wild animals or abandonment of captive wild animals to the Committee and the Committee shall be at liberty...

The Complete Supreme Court Annual Digest- 2023 [Part-IX]

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. K.T.V. Health Food Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 77 : AIR 2023 SC 808 : (2023) 5 SCC 440 Coastal Regulation Zone Notification 2011 - Storage facility for edible oil not allowed outside port areas- the...

The Complete Supreme Court Annual Digest- 2023 [Part-VIII]

Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily...

The Complete Supreme Court Annual Digest- 2023 [Part-VII]

Consumer Law A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. In Re: Inaction...

The Complete Supreme Court Annual Digest- 2023 [Part-VI]

Article 16 - Equality of opportunity in matters of public employment Constitution of India; Article 16 - the intention of Article 16 was not to compromise on administrative efficiency. A certain portion (promotion) cannot be reserved for a certain class of citizen and not the others who were also initially appointed on the basis of horizontal reservation, the only exception...

The Complete Supreme Court Annual Digest- 2023 [Part-V]

Collegium Centre must stop 'pick & choose' approach to collegium proposals : Supreme Court deprecates 'selective' appointments of Judges. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 985 Community Certificate A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to...

The Complete Supreme Court Annual Digest- 2023 [Part-IV]

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance...

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Rashida Begum @ Rashida Khatun v. Union of India, 2023 LiveLaw (SC) 85 Centre's decision to bar OCI (Overseas Citizens of India) students from general seats will apply to only those who register as OCIs after 04.03.2021. Anushka Rengunthwar v. Union of India,...

The Complete Supreme Court Annual Digest- 2023 [Part-II]

Armed Forces The Supreme Court extends disability pension claim of army veteran for 10 years as allowed under pension regulations for the army. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831 Are civilian employees of armed forces unit run canteens government servants? the supreme court refers to a larger bench. Union of India v. Vinod Kumar, 2023...