If Judicial Service Has To Attract Talent, Working Conditions Must Offer Security & Dignity : Supreme Court

While issuing directions for the implementation of the recommendations of the Second National Judicial Pay Commission, the Supreme Court emphasised the obligation of the State to provide dignified working conditions for judicial officers.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra, in the judgment passed in the All India Judges Association...

Can High Court Direct State Instrumentality To Award Contract In Favour Of Bidder Under Article 226? Supreme Court Discusses

The Supreme Court in a recent decision disapproved of the direction issued by the Rajasthan High Court directing the Jaipur Vidyut Vitran Nigam Ltd to enter into a power purchasing agreement with a party. "In any case, the High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful...

Supreme Court Summarises Factors For Deciding Remission Applications

On Monday, the Supreme Court not only set aside the remission of 11 convicts in the Bilkis Bano case but also provided detailed guidelines for considering remission applications. The top court highlighted key factors that must be taken into account, offering an illuminating roadmap for evaluating such pleas under the Code of Criminal Procedure.This verdict was handed out by a bench of Justices...

State Electricity Regulatory Commission Can Refuse To Adopt Tariff Not Aligned With Market Prices : Supreme Court

The Supreme Court has held that the State Electricity Regulatory Commission has a power to reject the adoption of tariff if it is not aligned with market prices. While adopting the tariff, the Commission is bound to take into consideration the protection of consumer interest. Reversing the order of the High Court and the Appellate Tribunal for Electricity (“APTEL”), the bench comprising...

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court

In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court held that once the settlement has been arrived at and the complainant has signed the deed accepting an amount in full and final settlement, the proceedings under this provision must be quashed. “Considering the overall facts and circumstances of the case, we...

Rule Of Law Must Be Enforced Unmindful Of Consequences : Supreme Court Observes In Bilkis Bano Case

While setting aside the remission granted to the convicts in the Bilkis Bano case, the Supreme Court on Monday (January 8) stressed that in protecting the rule of law, those concerned with it must remain unmindful and unruffled by the ripples of consequences. It also categorically stated that compassion and sympathy have no role to play where rule of law is required to be enforced.The...

Bilkis Bano Case | Judgment Directing Gujarat Govt To Decide Remission Was Obtained By Fraud; It's Also Bad In Law : Supreme Court

The Supreme Court on Monday (January 8), while setting aside the premature release of eleven life convicts in the Bilkis Bano case, declared its May 2022 judgement - which directed the Gujarat Government to consider the remission applications of the convicts- as a nullity since the petitioner (one of the convicts) was found to have "played fraud" by suppressing material facts and...

Bilkis Bano Case | Gujarat Govt 'Acted In Tandem' With Convict, Breached Rule Of Law, Usurped Power : Supreme Court

While setting aside the remission of 11 convicts in the Bilkis Bano case, the Supreme Court on Monday (January 8) slammed the Gujarat government for acting in tandem with the convict who had moved the top court seeking a direction for the consideration of his premature release application. In response to the convicts writ petition, the court had in May 2022 held the State of Gujarat to be...

Supreme Court Sets Aside Remission Of 11 Convicts In Bilkis Bano Case; Asks Them To Surrender In Prison

In a highly anticipated judgment, the Supreme Court on Monday (January 8) set aside the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat.The court held that the State of Gujarat was not the "appropriate government" to decide the issue of remission as the trial was held in the...

Bilkis Banu Case-Supreme Court Judgement On Petitions Against Remission Of 11 Convicts-LIVE UPDATES

Supreme Court bench headed by Justice BV Nagarathna will pronounce the judgement TODAY on petitions challenging the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat. These convicts were allowed to walk free in August 2022, on Independence Day, sparking widespread controversy...

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

AbscondingEffects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. It may be because an accused may abscond as he might fear an illegal arrest. (Para 25) 2023 LiveLaw (SC) 889 AdmissionAny concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. (Para 39) 2023...

Supreme Court Weekly Round-Up (2nd- 6th 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, providing a...