'Abuse Of Article 19, 25 Rights' : Supreme Court Expresses Displeasure At TN Minister Udhayanidhi Stalin's Comments On 'Sanatana Dharma'

The Supreme Court on Monday (March 4) expressed displeasure at Tamil Nadu Minister Udhayanidhi Stalin for his remarks about 'Sanatana Dharma'.A bench comprising Justices Sanjiv Khanna and Dipankar Datta was hearing a petition filed by Udhayanidhi Stalin seeking to club the first information reports (FIR) registered in Tamil Nadu, Maharashtra, Jammu and Kashmir, Bihar, Uttar Pradesh and...

Corruption And Bribery Of MPs And MLAs Erode Foundation Of Indian Parliamentary Democracy: Supreme Court

In this landmark judgment, a seven-judge constitution bench of the Supreme Court has overturned a 25-year-old precedent, ruling that bribery charges are not protected by parliamentary privileges.

Bribery Not Protected By Legislative Privileges; No Immunity For MPs/MLAs Taking Bribe For Vote/Speech In Legislature : Supreme Court

In a landmark decision, the Supreme Court on Monday (March 4) overturned the 1998 PV Narasimha Rao judgment which held that members of parliament and legislative assemblies could claim immunity under Articles 105(2) and 194(2) of the Constitution for receiving a bribe in contemplation of a vote or speech in the legislature. The latest verdict, setting aside the earlier ruling, was handed out by...

PMLA Accused Can't Be Arrested After Special Court Has Taken Cognizance Of Complaint : Supreme Court Expresses Prima Facie View

Update - Final judgment on this issue delivered on May 16, 2024- ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme CourtIn a case under the Prevention of Money Laundering Act (PMLA), the Supreme Court has taken up the issue as to whether an accused person can be arrested by authorities once cognizance is taken by the Special Court under Section 44...

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 19 to 24]

Administrative LawWhile the primary duty of constitutional courts remains the control of power, including setting aside administrative actions that may be illegal or arbitrary, it must be acknowledged that such measures may not singularly address repercussions of abuse of power. It is equally incumbent upon the courts, as a secondary measure, to address the injurious consequences arising...

'Rs 15K Monthly Pension For Retired HC Judge Arbitrary' : Ex-HC Judge Moves Supreme Court To Fix Pension Adding Service As Judicial Officer

A former High Court judge has approached the Supreme Court contending that the length of service as a Judicial Officer before elevation to the High Court has to be added to the length of service as the High Court Judge for the computation of pension and other retiral benefits.The petitioner, among other reliefs, sought a declaration that retired judges are entitled to addition of the length...

Courts Can't Rewrite Contract, Have To Rely on T&Cs Agreed By Parties While Adjudicating Disputes: Supreme Court

Recently, the Supreme Court held that the Courts cannot rewrite or create a new contract between the parties and have to simply rely on the terms and conditions of the agreement as agreed between the parties while deciding a dispute between the parties.The Bench comprising Justices Aniruddha Bose and Sanjay Kumar observed that once the contract in written form is entered by the parties, then...

Supreme Court Weekly Round-Up (26th February-02 March, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...

S. 306 IPC | A Word Uttered In A Fit Of Anger Without Intending Consequences Can't Be Said To Be Instigation For Suicide: Supreme Court

The Supreme Court reiterated that to convict the accused for committing an offence of abetment to suicide under Section 306 IPC, it must be proved by the prosecution that the accused, by his act or omission or by his continued course of conduct, created a situation that the deceased is left with no other option except to commit suicide."Where the accused by his act or omission or by his...

NDPS Act | When Samples Aren't Drawn Following S.52A, FSL Report Is A Waste Paper & Can't Be Read In Evidence : Supreme Court

The Supreme Court on Friday (March 1) held that the accused cannot be held guilty of possessing narcotics and psychotropic substances if the mandate of Section 52A of the NDPS Act isn't fulfilled by the police while sending the collected sample for the Forensic Science Laboratory (FSL) Test. Reversing the findings of the High Court which held the accused guilty under Section 20(b)(ii)(c) of...

Supreme Court Denies Specific Performance To Plaintiff Who Made False Statements, Calls Relief Discretionary & Equitable

While denying a plaintiff's plea for specific performance on account of false/incorrect statements made by him, the Supreme Court recently held that grant of a decree for specific performance under Section 20 of the Specific Relief Act, 1963 is discretionary and equitable."The exercise of discretion depends on several factors. One of the factors is the conduct of the plaintiff. The reason is...

Parliament Should Consider Amending Arbitration Act To Prescribe Limitation Period To File S.11 Application : Supreme Court

In a recent verdict, the Supreme Court delved into the crucial question of whether the Limitation Act, 1963 is applicable to applications for the appointment of arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996. The court highlighted the absence of a statutory prescription regarding the time limit for such applications and expressed concerns about the unduly...