Supreme court
Supreme Court Annual Digest 2023 - Civil Minor Acts
Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association...
Supreme Court Records SOP Suggested By Union Govt To Support Poor Prisoners
Recently, in a significant order, the Supreme Court has recorded a Standard Operating Procedure (SOP) to implement the scheme for support to poor prisoners. The Union proposed this procedure while the Court was ascertaining compliance with the directions in the landmark decision of Satender Kumar Antil vs Central Bureau Of Investigation. In the 2022 judgment in Satender Kumar Antil,...
Are SC Judgments On Bail Included In Curriculum Of Judicial Academies ? Supreme Court Asks High Courts
The Supreme Court has, recently (on February 13), directed the High Courts to inform whether the decisions taken in Siddharth v. State of UP, (2022) 1 SCC 676 and Satender Kumar Antil vs Central Bureau Of Investigation have been included in the curriculum of judicial academy. The Division Bench of Justices MM Sundresh and SVN Bhatti was hearing an application, filed in the main matter...
Injunction Suit To Protect Possession Not Maintainable When Plaintiff's Title Is Disputed: Supreme Court
The Supreme Court held that the suit for injunction may not be maintainable against the defendants if the plaintiff fails to prove the title of the property while praying for the injunction. “....a suit simpliciter for injunction may not be maintainable as the title of the property of the plaintiff/respondent was disputed by the appellants/defendants. In such a situation it was required...
Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case
The Supreme Court on Thursday (February 23), resuming its hearing on the issue of cancellation of the caste certificate of Amravati MP Navneet Kaur Rana, dwelled into the aspect of the purpose and scope of the Constitution (Scheduled Castes) Order, 1950 and how the designation of Scheduled Castes in different states varied on sociological basis. The bench comprising Justices JK Maheshwari...
Is New Bail Law Under Preparation? Supreme Court Asks Centre
The Supreme Court has asked the Union of India to inform whether it is contemplating to introduce a new Bail Law as per the recommendation made by the Court in its 2022 judgment in Satender Kumar Antil v. Central Bureau of Investigation.A bench comprising Justices MM Sundresh and SVN Bhatti, while ascertaining compliance of the directions in Satender Kumar Antil, stated in its recent order...
Homemaker's Deemed Income Can't Be Less Than Minimum Wages Notified For Daily Wager : Supreme Court
The Supreme Court, while deciding a claim under the Motor Vehicles Act of 1988, observed that it is difficult to assess a contribution made by the homemaker in monetary terms. The Division bench of Justices Surya Kant and K.V. Vishwanathan termed such contribution 'high order and invaluable.' Further, it also stated that the role of a homemaker is as important as that of a family...
Blank Cheque Voluntarily Signed & Handed Over By Drawer Towards Payment Attracts Presumption Under S.139 NI Act : Supreme Court
The Supreme Court has reiterated that a blank cheque leaf, which has been voluntarily signed by the drawer and handed over to the payee towards some payment, will carry the presumption that it was issued in discharge of a legally enforceable debt as per Section 139 of the Negotiable Instruments Act."...even if a blank cheque leaf is voluntarily signed and handed over by the accused towards...
Non-Examination Of Ballistic Expert Fatal To Prosecution Case If Inconsistencies Found In Witness Testimonies : Supreme Court
The Supreme Court held that where the direct evidence produced by the prosecution is found to be credible, then the non-examination of the ballistic expert and omission to produce the ballistic report may not be fatal to the prosecution's case. The Bench Comprising Justices Abhay S. Oka and Ujjal Bhuyan observed that it is not that in every case where the death of the victim is due to...
Courts Must Not Only Set Aside Arbitrary Administrative Actions But Also Restitute Affected Person : Supreme Court
The Courts must not only set aside arbitrary administrative actions so take measures for the restitution of the affected party by addressing the injurious consequences arising from illegal actions, stated the Supreme Court in a recent judgment."…while the primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal...
Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record : Supreme Court
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances is completed by the prosecution.Reversing the findings of the High Court, the Bench Comprising Justices Bela M. Trivedi and Satish...