Supreme court
Supreme Court Issues Contempt Notice To Patanjali Ayurved & Its MD For Misleading Ads On Medicinal Cures
The Supreme Court on Tuesday (February 27) came down heavily on Patanjali Ayurved for continuing to publish misleading advertisements regarding medicinal cures, despite making an assurance to the Court earlier in November last year that no such statements would be made.Prima facie observing that the company has violated the undertaking, the Court issued notice to Patanjali Ayurved and...
General Diary Entry Cannot Precede Registration of FIR, Except Where Preliminary Inquiry Is Needed: Supreme Court
The Supreme Court held that the information disclosing the commission of the cognizable offence needs to be recorded as a First Information Report ("FIR") in the form of a book and not in the General Diary maintained by the Police under the Police Act, 1861."In Lalita Kumari v. Government of Uttar Pradesh & Others, (2014) 2 SCC 1, the Constitution Bench of this Court while answering...
Sale Agreement With Minor Void, Not Enforceable In Law: Supreme Court
The Supreme Court reiterated that the contract entered by the minor is not enforceable under law."There is no dispute on the contention raised by the defendants in the suit that the appellant was a minor at the time of the said agreement dated 03.09.2007. Therefore, such contract with a minor, was rightly found to be a void contract by the High Court.", the Bench Comprising Justices...
'NHAI Machinery Only On Paper' : Supreme Court Expresses Concern At Highway Encroachments, Directs Regular Inspection & Action
Expressing concern over the non-removal of unauthorized occupations/encroachments on the national highways, the Supreme Court directed the National Highways Authority of India (“NHAI”), to come out with a scheme that will provide for firstly, regular inspection of the highways, secondly, the establishment of grievance redressal mechanism and thirdly taking prompt action based on...
When Police Officers Use Case Diary To Refresh Their Memory, Accused Gets Right To Rely On Case Diary To Cross-Examine : Supreme Court
The Supreme Court has held that an accused has a right to cross-examine a police officer as to the recording made in the case diary whenever the police officer uses to refresh his memory.Similarly, in a case where the court uses a case diary for the purpose of contradicting a police officer, then an accused is entitled to peruse the said statement so recorded which is relevant, and...
SCAORA Writes To CJI Requesting Fixing Of Final Daily List At Supplementary Stage Itself With No Alterations After That
The Supreme Court Advocates-on-Record Association (SCAORA) has written a letter to Chief Justice of India DY Chandrachud calling for fixing of the final daily list at the supplementary stage and disallowing any alteration thereafter.The letter states that the current practice is unprecedented and unknown to the Court, as well as causes immense problems for lawyers and litigants. It...
Food Safety and Standards Act Overrides Indian Penal Code; Simultaneous Prosecution Under Both Acts Not Possible : Supreme Court
The Supreme Court observed that if a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (“IPC”), then by virtue of the overriding effect of Section 89 of Food Safety and Standards Act, 2006 (“FSSA”), the proceedings under IPC cannot be continued against the accused.Reversing the decision of the High Court which refused to quash the...
Supreme Court Asks Bombay HC To Decide Bail Applications Expeditiously, Says Not Deciding Matters Of Personal Liberty Violates Article 21
The Supreme Court requested the Chief Justice of Bombay High Court to convey its request to all the Judges of the Bombay High Court exercising the criminal jurisdiction to decide the matter pertaining to bail/anticipatory bail as expeditiously as possible. “We, therefore, request the Hon'ble the Chief Justice of the High Court of Bombay to convey our request to all the learned...
'Message To AoRs To Not File Frivolous Petitions' : Supreme Court Imposes Rs 1 Lakh Cost On Plea Against HC's Posting Order
The Supreme Court on Monday (February 26) expressed displeasure at the trend of Special Leave Petitions being filed against High Courts which merely issue notice or grant adjournments. While dismissing a petition filed against a High Court order posting a matter to April, the Court imposed a token cost of Rs.1 lac to "send a message" to Advocates-on-Record (and Counsels engaged by them)...
Supreme Court Weekly Round-Up (19th- 24th February, 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, providing a...
Ex-Cop Who Saved Public By Killing Dacoit Moves Supreme Court Seeking Action On Gallantry Award Recommendation Made 34 Years Ago
In a 83-year-old retired Constable's plea for authorities to act on his recommendation for the Gallantry Award, the Supreme Court recently called for the State of Uttar Pradesh's response.The Bench of Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta was hearing petitioner-Ram Autar's challenge to an Allahabad High Court order, which denied his prayer on the ground that he had...
One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline."..we are of the firm opinion that the exercise of jurisdiction by...