When Party Violates Status Quo Order, Contempt Proceedings Must Be Initiated Than Merely Vacating Interim Order : Supreme Court

The Supreme Court recently, in a case where the status quo order qua possession of the suit premises was wilfully violated, held that the same amounts to civil contempt. Thus, instead of vacating the stay of execution proceedings, the Court held that contempt proceedings should have been initiated. A Bench of Justices Aniruddha Bose and Sanjay Kumar passed the judgment....

Supreme Court Stays Allahabad HC Order Mandating Court Approval For Setting Up Educational Tribunals in UP

The Supreme Court on Tuesday stayed an Allahabad High Court order stipulating that the Uttar Pradesh Educational Service Tribunals should be established only after the permission of the High Court.“We find that the direction issued by the High Court, in effect requiring the State to establish Tribunal after taking leave of the Court, could not have been passed. In our view, the High Court...

Medical Negligence | Supreme Court Directs Doctor To Pay Rs 2.5 Lakh To Patient Who Lost Vision Of One Eye

The Supreme Court on Monday (January 29) granted relief to the 84-year-old man by directing the Doctor to award him compensation amounting to Rs. 2 Lacs in a medical negligence case. The complainant patient has lodged a consumer complaint against the Doctor after he lost vision in his left eye due to the medical negligence committed by the Doctor in a surgical procedure. The patient has...

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court."If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence...

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...

'Need to maintain Dignity & Reputation Of Judicial Officers': Supreme Court Upholds Conviction Of Advocate In Contempt Case

The Supreme Court, while convicting an advocate in a seventeen-year-old criminal contempt case, reiterated that an apology must be evidence of remorse for the contemptuous acts. It must not be used as a weapon 'to purge the guilty of their offence'. Further, an apology lacking sincerity and not evidencing contriteness cannot be accepted. The Division Bench of Justices Vikram Nath and...

AMU Institution Of National Importance, Minority Status Will Exclude SC/ST/OBC Reservations : Centre Tells Supreme Court

In the case relating to the minority status of the Aligarh Muslim University (AMU), the Union Government submitted before the Supreme Court on Tuesday (January 30) that an institution of national importance must reflect that national structure.Stressing that AMU is an institution of national importance, Solicitor General of India Tushar Mehta requested the Court to analyse the issue from...

Prisons Reforms | Supreme Court Directs Constitution Of District Committees Across India To Report On Existing, Required Jail Infrastructure

In a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India, the Supreme Court today directed States/Union Territories to constitute District-level Committees, which shall assess and report on available infrastructure in jails and give a decision on the number of additional jails required in terms of the Model Prison Manual, 2016.The Bench of...

'Published In Good Faith' : Supreme Court Quashes Defamation Case Against Newspaper Owner For Report Against Advocate

The Supreme Court recently quashed a criminal defamation case against the owner of a newspaper over an article published against an advocate.The defamation case was filed against the owner of a daily newspaper named 'Sunday Blast', based in Madhya Pradesh, for a report titled “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj”(advocate files false case against Pan Masala...

S.391 CrPC | Party Who Wasn't Diligent At Trial Can't Seek To Produce Additional Evidence At Appeal Stage : Supreme Court

A party who was not diligent in producing evidence at the trial stage of a criminal case cannot seek to produce the same in appeal, held the Supreme Court.The Bench of Justices B.R. Gavai and Sandeep Mehta observed that the power to record additional evidence at the appellate stage should not be exercised in a routine and casual manner. Such a power shall only be exercised when non-recording...

Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine

The Supreme Court is set to examine whether the principles of Hindu law could be applied while adjudicating inheritance rights under the Mohammedan law. The bench of Justices CT Ravikumar and Rajesh Bindal, while issuing notice in a partition matter, ordered: “The question of seminal importance, which is required to be decided in this case is whether the principles of Hindu law...

For Conviction Under SC/ST Act, Offence Of Outraging Woman's Modesty Must Be Committed On Ground Of Caste: Supreme Court

The Supreme Court observed that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 cannot be sustained if the act of outraging the modesty of a woman was not committed on the ground of caste."The language of Section 3(1)(xi) of the SC/ST Act provides that the offence must be committed upon a...