SCAORA Writes To CJI Requesting Fixing Of Final Daily List At Supplementary Stage Itself With No Alterations After That

The Supreme Court Advocates-on-Record Association (SCAORA) has written a letter to Chief Justice of India DY Chandrachud calling for fixing of the final daily list at the supplementary stage and disallowing any alteration thereafter.The letter states that the current practice is unprecedented and unknown to the Court, as well as causes immense problems for lawyers and litigants. It...

Food Safety and Standards Act Overrides Indian Penal Code; Simultaneous Prosecution Under Both Acts Not Possible : Supreme Court

The Supreme Court observed that if a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (“IPC”), then by virtue of the overriding effect of Section 89 of Food Safety and Standards Act, 2006 (“FSSA”), the proceedings under IPC cannot be continued against the accused.Reversing the decision of the High Court which refused to quash the...

Supreme Court Asks Bombay HC To Decide Bail Applications Expeditiously, Says Not Deciding Matters Of Personal Liberty Violates Article 21

The Supreme Court requested the Chief Justice of Bombay High Court to convey its request to all the Judges of the Bombay High Court exercising the criminal jurisdiction to decide the matter pertaining to bail/anticipatory bail as expeditiously as possible. “We, therefore, request the Hon'ble the Chief Justice of the High Court of Bombay to convey our request to all the learned...

'Message To AoRs To Not File Frivolous Petitions' : Supreme Court Imposes Rs 1 Lakh Cost On Plea Against HC's Posting Order

The Supreme Court on Monday (February 26) expressed displeasure at the trend of Special Leave Petitions being filed against High Courts which merely issue notice or grant adjournments. While dismissing a petition filed against a High Court order posting a matter to April, the Court imposed a token cost of Rs.1 lac to "send a message" to Advocates-on-Record (and Counsels engaged by them)...

Supreme Court Weekly Round-Up (19th- 24th February, 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...

Ex-Cop Who Saved Public By Killing Dacoit Moves Supreme Court Seeking Action On Gallantry Award Recommendation Made 34 Years Ago

In a 83-year-old retired Constable's plea for authorities to act on his recommendation for the Gallantry Award, the Supreme Court recently called for the State of Uttar Pradesh's response.The Bench of Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta was hearing petitioner-Ram Autar's challenge to an Allahabad High Court order, which denied his prayer on the ground that he had...

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline."..we are of the firm opinion that the exercise of jurisdiction by...

Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India : Supreme Court

The Supreme Court has observed that the right to property as enshrined under Article 300A of the Constitution extends to persons who are not citizens of India.“The expression person in Article 300-A covers not only a legal or juristic person but also a person who is not a citizen of India. The expression property is also of a wide scope and includes not only tangible or intangible property...

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Administrative LawRecruitment - Reserved Female Category - Non-Creamy Layer (NCL) - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Advertisement was constrained to apply under the 'Open General Category' only on account of certain logistical limitations preventing her from obtaining a valid NCL Certificate. Held, the Appellant cannot...

'Enemy Property' Not Exempt From Municipal Taxes As It Is Not Vested With Union Govt : Supreme Court

The Supreme Court held that the 'enemy property' vested in the possession of the Union Government-appointed 'custodian', as per the Enemy Property Act, 1968, cannot be considered a property of the Union Government to claim the exemption from the municipal taxes under Article 285 (1) of the Constitution of India.“Union of India cannot assume ownership of the enemy properties once the...

Non-Disclosure Of Criminal Antecedent In Recruitment Not Always Fatal, Courts Must Apply Mind To Avoid Arbitrariness: Supreme Court

In a candidate's challenge to his disqualification from recruitment process for the post of Constable, on account of furnishing of a false affidavit and non-disclosure of criminal case that resulted in his acquittal, the Supreme Court recently held that the decision of the employer in such cases (usually to cancel selection) shall not be mechanical and must take into consideration...

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court

The Supreme Court held that mere non-performance of marriage by the accused at the booked marriage hall doesn't amount to committing an offence of cheating punishable under Section 417 IPC.“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching...