States/UTs Must Follow Definition Of 'Forest' Given By Godavarman Judgment Till Forests Are Identified As Per 2023 Rules : Supreme Court

The Supreme Court on Monday (February 19) passed an interim order directing that States and Union Territories must act as per the definition of "forest" laid down in the 1996 judgment in T.N Godavarman Thirumalpad v. Union of India while the process of identifying land recorded as forests in Government records is going on as per the 2023 amendment to Forest (Conservation) Act.A bench led by...

Sandeshkhali Violence : Supreme Court Refuses To Entertain PIL For CBI/SIT Probe, Allows Petitioner To Approach Calcutta HC

The Supreme Court on Monday (February 19) refused to entertain a PIL which sought a CBI/SIT investigation into the reports regarding the sexual assault of women in Sandeshkhali in West Bengal.The Bench of Justices BV Nagarathna and Augustine George Masih however granted liberty to the petitioner to approach the Calcutta High Court, which has already taken suo motu cognizance of the...

NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court

Recently, the Supreme Court observed that the Courts should be slow in granting bail to the accused in case of recovery of huge quantity of narcotic substance from the accused. Reversing the decision of the High Court which granted anticipatory bail to the accused against whom an FIR is being registered of conspiring in the procurement/supply of 232.5 Kg of ganja, the Bench Comprising...

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...

Must Read Judgments For Supreme Court Law Clerk Cum-Research Associates Exam 2024

This January, the Supreme Court of India invited online applications for the post of Law Clerk-cum Research Associates on Short-Term contractual assignment. The exam is scheduled for 10 March 2024. For this purpose, the Top Court published the list of relevant cases for the Clerkship Exam. We have collated all the cases while also giving brief descriptions of each case.CONSTITUTION...

Accused Who Surrenders Before Court Can't Be Taken In Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court

The Supreme Court has observed that an accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him.The Court further stated that a bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot...

'Poor Litigant Harassed For 22 Years' : Supreme Court Imposes Rs 10 Lakh Cost On Rajashtan Govt For Refusing To Reinstate Labourer

The Supreme Court on Friday (February 16) imposed a cost of Rs. 10,00,000/- (Ten Lakhs only) on the State of Rajasthan for harassing the poor litigant, who was compelled to file repeated litigation to get the fruits of the award of the Labour Court.Terming the plea filed by the State as frivolous litigation, the Bench Comprising Justices Vikram Nath and Satish Chandra Sharma dismissed the...

Supreme Court Weekly Digest With Subject/Statute Wise Index [February 1 to 11]

Armed Forces Tribunal Act, 2007Armed Forces Tribunal Act, 2007; Section 31 - The recruitment was not confined to the priority / reserved class rather it was open for general category also in case vacancies remain available. The Recruitment application(s) clearly establishes that the appellants have applied as a general category candidate(s) against the surplus seats/vacancies remaining...

'Right To Defend Oneself A Fundamental Right' : Supreme Court Quashes Bar Association's Resolution To Not Represent A Party

Recently, the Supreme Court observed that the right to defend oneself is a fundamental right under the Constitution of India, and no resolution could be passed by the Bar Association to forbid other members of the bar to appear on behalf of the petitioner who appeared in person to defend its case. The aforesaid observation of the Supreme Court Bench comprising Justices Vikram Nath and...

Bank Cannot Be Held Responsible For Illegal Activities Conducted By Borrower In Mortgaged Premises: Supreme Court

The Supreme Court (on February 09), while setting aside the impugned order passed by the NGT, Delhi, held that a Bank cannot be held responsible for illegal activities carried out by the borrower in mortgaged premises. The Division bench of Justices Sanjiv Khanna and Dipankar Datta said that this position is not only unacceptable but also not maintainable in law. “…we are unable...

Most Women Inmates Of West Bengal Prisons Were Already Pregnant When Brought To Jail: Amicus Tells Supreme Court

An application filed by Senior Advocate Gaurav Agrawal revealed that there were 62 children born in the jails in West Bengal during the last four years. However, the application added that most of these women inmates 'were already expecting at the time when they were brought to the jails.' “In some cases, the women prisoners had gone out on parole and returned back expecting," Agarwal,...

Roster Notified By Chief Justice Binding On All Judges; No Bench Can Hear A Case Unless Assigned By CJ: Supreme Court

Recently, the Supreme Court observed that a Bench, after releasing the case, is not competent to re-hear the case unless the case is assigned back to the Bench by the Chief Justice as the master of the roster. Setting aside that part of the Bombay High Court's Bench order which granted bail to the accused despite the case being not assigned to the Bench, the Supreme Court Bench...