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

Abkari Act Abkari Act, 1077; Section 57A- Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. (Para 43) Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 Abkari Act, 1077; Section 55 - Alcohol as mentioned in Section 55,...

The Complete Supreme Court Civil Digest 2023

AbortionFoetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. In the matter of Union of India, 2023 LiveLaw (SC) 881Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680'Forcing woman to have child born out of rape against...

The Complete Supreme Court Criminal Law Digest 2023

Abkari ActAbkari Act, 1077; Section 57A- Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. (Para 43) Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 : 2023 INSC 998Abkari Act, 1077; Section 55 - Alcohol as mentioned in Section 55,...

Supreme Court Annual Digest 2023 - Civil Minor Acts

Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association...

Supreme Court Annual Digest 2023 -Income Tax Act, 1961

2015 amendment to Section 153C of Income Tax Act will apply to searches conducted prior to the date of amendment. 2023 LiveLaw (SC) 274Amendment brought to Section 153C of the Act, 1961 vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 of the Act, 1961 before 01.06.2015, i.e., the date of the amendment. (Para 11) 2023 LiveLaw (SC) 274Carrier of Goods not...

Supreme Court Annual Digest 2023 - Criminal Minor Acts

Abkari ActAbkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case....

Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code

A company could not avail benefit of the Sabka Vishwas scheme as it was under moratorium under IBC - The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do - Directed that the payment of amount already deposited by the company be appropriated towards settlement dues under “Sabka Vishwas Scheme 2019 and the company be issued...

Supreme Court Annual Digest 2023 - Consumer Law

A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) 2023 LiveLaw (SC) 442Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. 2023 LiveLaw (SC) 201Builder has obligation to seek completion certificate - It is no part of the flat owner's duty to apply for a...

80 Important Rulings Of Jammu & Kashmir And Ladakh High Court 2023

1) JKL High Court Slams Authorities For Denying Passport To Mehbooba Mufti's Mother, Says Passport Authority Can't Act As Mouthpiece of CIDCase Title: Gulshan Nazir Vs Union of IndiaCitation: 2023 LiveLaw(JKL) 1Directing the Passport Officer to consider former J&K Chief Minister Mehbooba Mufti's mother's application for re-issuance of passport afresh, the Jammu & Kashmir and Ladakh...

150 Important Rulings Of Bombay High Court In 2023: Part III

1. Guardianship Of Major Child Suffering From Mental Retardation Can Be Granted U/S 7 Of Guardians & Wards Act: Bombay High Court Case Title: ABC v. XYZ Citation: 2023 LiveLaw (Bom) 417 Noting a lacuna in the law for mentally retarded persons, the Bombay High Court extended the scope of Section 7 of the Guardians and Wards Act 1980 to allow guardianship of an...

Supreme Court Annual Digests 2023- Protection of Children from Sexual Offences (POCSO) Act

Protection of Children from Sexual Offences Act, 2012 - Juvenile Justice (Care and Protection of Children) Act, 2015; Section 3 - A support person – whether involved from the early stages of lodging a report or brought on board shortly thereafter - can play a tremendous role in offering encouragement, reassurance, and guidance, merely from their knowledge of the legalese, armed with...

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Prevention of Money Laundering Act (Act 15 of 2003) – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification in...