District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates

Recently, the Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar directed the High Court of Jharkhand to consider the appointment of seven persons qualified to...

No Voter's Name Can Be Struck From Electoral Rolls Without Following Due Process : Election Commission Tells Supreme Court

The Supreme Court on Monday (February 12), taking note of the response of the Election Commission of India, closed the proceedings relating to the issue of duplication of names in electoral rolls. The bench noted that there exist adequate measures for the aggrieved voters to approach the Registration Officer in the event of any error or deletion of their names in the voters' list.Mr Amit...

Appointment Of Deputy Chief Ministers Not Unconstitutional : Supreme Court

The Supreme Court on Monday (February 12) dismissed a PIL challenging the appointment of Deputy Chief Ministers in various states as being violative of Article 14. The Court opined that the Deputy Chief Minister was firstly a minister within the state government and the position was merely a label and nothing more.The bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala...

Heartbreaks Part Of Everyday Life; Breaking Up & Advising Partner To Marry Someone Else Won't Amount To Abetment To Suicide: Supreme Court

The Supreme Court observed that merely advising a partner to marry as per the advice of parents would not attract the penal provisions of abetment to suicide under Section 306 of the Indian Penal.In this case, the girl died by suicide after her boyfriend advised her to marry as per her parent's choice. The deceased girl became upset after the boy's family started looking for a bride....

'Pension Scheme Must Be Interpreted Widely' : Supreme Court Allows Central Govt Service To Be Included For Pension Of Gujarat Govt Employee

Recently, the Supreme Court, while granting a pension to a government employee under Gujarat Civil Services (Pension) Rules, 2022, observed that a government servant earns a pension in lieu of tireless service by him/ her. Further, pension is often an important consideration for the person(s) seeking government employment. “Accordingly, in our considered opinion, the raison d'etre qua...

'Hypertechnical Interpretation Be Avoided' : Supreme Court Allows GST Officer To Be Treated As Candidate Under 'Reserved Female Category'

Recently, the Supreme Court has observed that the courts should not give a hypertechnical interpretation to the clause(s) that would nullify the effect of the corrigendum/instructions. Reversing the findings of the High Court, the Bench comprising Justices Vikram Nath and Satish Chandra Sharma, directed the Union to consider the selection of a female candidate, who was selected as a Sales...

Supreme Court Weekly Round-Up (4th February-10th February)

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...

Supreme Court Monthly Digest-January 2024

Administration of JusticeIn the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints. A closer look at the respondent's actions reveals more than just an inappropriate use of jurisdiction. The core issue of the dispute, which involves...

Police Officer Expecting An Accused To Prove His Innocence During Investigation Is Shocking: Supreme Court

Recently, the Supreme Court criticized Bihar Police for expecting an accused to prove his innocence during the investigation. The Court termed such an approach to be shocking. “The Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence. Such approach cannot be countenanced.” The Division Bench of Justices Abhay S. Oka...

Soft Copies Of HC/Trial Court Records Should Be Called As Soon As Leave Is Granted : Supreme Court Asks Registry To Obtain Instructions From CJI

The Supreme Court has opined that the Registry should call for the soft copies of the records of the High Court and the Trial Court immediately after leave to appeal is granted in a petition challenging orders of conviction/acquittal."In our opinion, whenever leave is granted in an appeal challenging the order(s) of conviction or order(s) of acquittal, there has to be a practice of...

Supreme Court Sets Aside Army's Order Discharging Four Personnel Over Alleged Fake Certificates, Says AFT Acted In Casual Manner

The Supreme Court on Friday (February 9) directed the reinstatement of four army personnel (selected in the general category) who were discharged from the service on the allegation of joining the service based on the false relationship certificate with ex-army personnel. Setting aside the impugned order of the Armed Forces Tribunal (“Tribunal”), the Bench Comprising Justices Bela M....

Supreme Court Criminal Digest January 2024

BailAnticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. 2024 LiveLaw (SC) 54Bail cannot be cancelled merely due to non-appearance of accused before court. 2024 LiveLaw (SC) 65Cancellation of Bail - Merely because the accused did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail...