S.138 NI Act | If Accused Is Disputing Signature On Cheque, Certified Copy Of Specimen Signature Can Be Procured From Bank: Supreme Court

In a complaint under Section 138 of the Negotiable Instruments Act, if the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned from the bank to compare the same with the signature appearing on the cheque.The Court explained that the indorsements on a cheque carry a presumption of genuineness as per Section 118(e) of...

'Learn Some Law, Don't File These Kind Of Petitions' : Supreme Court Rebukes Lawyer For Filing 'Misconceived' PIL

Refusing to entertain a PIL seeking directions to State Governments to set up 'Courts Special Cells' to ensure compliance with Court Orders, the Supreme Court today admonished the lawyer to be aware of the existing nuances of law before filing such petitions.CJI rebuked the petitioner, “ You are back again? Last time I told you not to file such PILs….somebody will impose costs of on you....

Centre's 2011 Caste Census Report Unhelpful To Identify Socially & Educationally Backward Classes : Kerala Govt Tells Supreme Court

This week, the Kerala government has denied wilful non-compliance with the Supreme Court's order to conduct a socio-economic study to revise the reservation list for Socially and Educationally Backward Classes (SEBC) in the state.This counter-affidavit filed on behalf of the State of Kerala by its chief secretary is in response to a contempt petition initiated by the Minority Indians Planning...

IBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court

The Supreme Court has held that the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) has no effect on the execution of a decree against the Directors or Officers of the Company (Corporate Debtor), which is undergoing Corporate Insolvency Resolution Process (“CIRP”) under IBC.When the Company was admitted into CIRP, the National...

Bail Cannot Be Cancelled Merely Due To Non-Appearance Of Accused Before Court: Supreme Court

The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. The three-judge Bench of Justices B.R. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. The High Court had noted that, on several occasions, it directed the accused...

Supreme Court Surprised At Practice Of Gujarat Courts Giving Police Liberty To Seek Remand While Granting Anticipatory Bail; Issues Notice To HC

The Supreme Court on Monday (January 29) expressed surprise at the practice followed by Courts in Gujarat of giving the police liberty to seek remand of the accused even while granting anticipatory bail.The Bench, comprising Justices BR Gavai and Sandeep Mehta, remarked that such a practice would defeat the objective of granting anticipatory bail, nullifying the guarantee of personal liberty....

Caste Or Religion Of Parties Should Not Be Mentioned In Any Filings Before Courts : Supreme Court

In a significant development, the Supreme Court has passed a general order directing that the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before the Courts. To ensure the immediate compliance of these directions, the Court also directed a copy of this order to be placed before the concerned Registrar. The same shall...

Existing Criteria For Identification Of Private Forests In Goa Valid, Require No Alteration: Supreme Court

In appeals filed for modification of the criteria for identification of private 'forests' in State of Goa, the Supreme Court recently ruled that the existing criteria are adequate and valid, and require no alteration. "...the issue relating to identification and demarcation of private forests in the State of Goa has attained finality on three criteria as indicated herein supra pertaining...

Supreme Court Asks Tejashwi Yadav To File 'Clear & Simple' Statement On Withdrawing Remarks Against Gujaratis

The Supreme Court on Monday (January 29) granted a week time to RJD leader Tejashwi Yadav to file a clear statement withdrawing the “Gujarati hi thag hai ho sakta hai (only Gujaratis can be cheats)" comment made by him last year.The Bench of Justices Abhay S Oka and Ujjal Bhuyan sought a simple and clear statement from Yadav after an objection was raised by the respondent(complainant) that...

'You're In A Position Of Dominance' : Supreme Court Refuses Anticipatory Bail To Former Kerala Govt Pleader Accused Of Raping Client

The Supreme Court on Monday (January 29) dismissed the petition filed by a former Government Pleader at the Kerala High Court seeking anticipatory bail in a rape case.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra dismissed the Special Leave Petition filed by Advocate PG Manu challenging the judgment of the Kerala High Court refusing him anticipatory...

Supreme Court Weekly Round-Up (22nd- 27th January, 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...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 1 to 7]

Adverse PossessionTenants cannot claim adverse possession against their landlords since their possession is permissive in nature. (Para 9.4) 2024 LiveLaw (SC) 17Arbitration and Conciliation Act, 1996Arbitration and Conciliation Act, 1996 - An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in...