Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Recently, the Supreme Court (on December 14), observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the High...

Cancellation Of Deed Is Action In Personam, Not In Rem; It Is Arbitrable : Supreme Court

Recently, the Supreme Court (December 15) allowed arbitration between the parties in a property dispute based on the broad language of the arbitration clause in the Tripartite Agreements. The Court rejected the argument that since the suit was for cancellation of a deed, the dispute was not arbitrable, as the action was in rem. The Court held that cancellation of a deed was an action in...

Supreme Court Issues Directions To Delhi Government For Construction Of Delhi Judiciary Infrastructure, Judges' Residences

The Supreme Court recently directed the Delhi Government to float tenders for the construction of judicial infrastructure in Delhi. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also directed for the Chief Secretary of GNCTD to intimate the steps taken for residential accommodation for judicial officers, the process for the recruitment of staff at...

Food Safety and Standards Act Will Prevail Over Prevention of Food Adulteration Act To The Extent They're Inconsistent : Supreme Court

The Supreme Court recently (December 14) observed that in a case where an offense would attract the penal provisions under both the Prevention of Food Adulteration Act, 1954 (PFA), as well as the Food Safety and Standards Act, 2006, the provisions of the FSSA, will prevail over the PFA to the extent to which the same are inconsistent.A Division Bench of Justices Abhay S. Oka and Sanjay Karol...

IBC- Properties Sold In Auction Sale Before Declaration Of Moratorium Can't Be Treated As Liquidation Asset : Supreme Court

Recently, the Supreme Court (on December 06) observed that the properties of a defaulting borrower sold in an auction sale could not be treated as liquidation assets if the sale was concluded before the declaration of a moratorium under the Insolvency and Bankruptcy Code 2016.While doing so, the Bench of Justices Aniruddha Bose and Vikram Nath set aside the order passed by the National...

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders.The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, especially in...

'Disciplinary Proceedings Contemplated' : What Does 'Contemplate' Mean? Supreme Court Explains

The Supreme Court in its decision on Thursday (December 14), in an appeal against a High Court's Order allowing appointment to a government post, held that to ascertain the cut-off date for eligibility criteria, attention should be given to clarification letters issued subsequently. The Bench comprising Justices M.M. Sundresh and Aravind Kumar further analysed the position of law...

When No Limitation Period Is Prescribed, Appeal Must Be Filed Within 'Reasonable Time' Depending Upon Facts Of Each Case: Supreme Court

The Supreme Court has held that when no limitation period has been prescribed for filing an appeal, then such appeal must be filed within a reasonable time, which is to be determined as per facts and circumstances of each case.“In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of 'reasonable time', for which,...

100 Important Supreme Court Judgments Of 2023 [Part 1]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Citations: 2023 LiveLaw (SC) 864 To 2023 LiveLaw (SC) 894SUBJECT WISE INDEXAbortionFoetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. In the matter of Union of India, 2023 LiveLaw (SC) 881AdvocateAbsence of Advocate - The order sheet of that date records that the advocate for the appellant was absent. It also...

No Adverse Inference Against Prosecution Merely Because Witnesses Are Withheld: Supreme Court

While dismissing a criminal appeal, the Supreme Court (on December 13) opined that withholding witnesses from the court doesn't always mean that an 'adverse inference' can be drawn against the prosecution.“It is not axiomatic that in every case where the eyewitnesses are withheld from the court, an adverse inference must be drawn against the prosecution. The totality of the circumstances...

Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court

A Supreme Court bench comprising Justices Hima Kohli and Rajesh Bindal on Thursday (December 14) in an order dealing with the issue of deeming voluntary retirement in a Bipartite Agreement held that a master-servant relationship continues during the period of suspension and the workman is under obligation to follow all the rules governing his post during that period. On the issue that...