Supreme court
Cannot Ignore Ratio Laid In An Earlier Judgment Merely Because It Stands Referred To A Larger Bench : Supreme Court
In a recent judgement, the Supreme Court held that it cannot ignore the ratio laid down in an earlier judgment merely because the same stands referred to a larger Bench. A bench comprising of Justice Anirudhha Bose and Justice Bela Trivedi held that judicial propriety did not permit it ignoring the ratio laid down in the earlier judgement as no decision regarding the same had come out from...
Supreme Court Monthly Digest June 2023
SUBJECT WISE INDEXAdvocateBar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481BailBail - Condition to furnish bank guarantee for granting bail is unsustainable in law. Karandeep Singh v. CBI, 2023 LiveLaw (SC) 482Company LawCompanies Act - Decision to allot additional shares cannot...
Supreme Court Criminal Digest May 2023
Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. Sebil Elanjimpally v. State of Odisha, 2023 LiveLaw (SC) 474Accused were not traceable - Once the body was found and police entered the scene, after the first information report, even if the accused had been away and innocent, his instinct of self-preservation would have got the better of him to evade...
Supreme Court To Examine Validity Of Minimum Marks Criteria In Interview For Post Of Junior Judicial Assistant/ Restorer At Delhi HC
Recently, the Supreme Court had issued notice in an appeal challenging the Delhi High Court’s Order, wherein the Court had refused to interfere with the criteria for fixing the minimum qualifying marks in viva voce for the post of Junior Judicial Assistant/Restorer (Group-C). The Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that for the post of Junior...
Members Of Railway Protection Force Can Seek Benefit Under Employees Compensation Act Though RPF Declared As An Armed Force: Supreme Court
The Supreme Court on Monday (26.09.2023), held that an officer of the Railway Protection Force (RPF) can seek compensation under Employees Compensation Act, 1923 even though the RPF has been declared to be an armed force of the Union. “..in our considered view, despite declaring RPF as an armed force of the Union, the legislative intent was not there to exclude its members or their heirs...
S.106 Transfer Of Property Act | Onus On Tenant To Prove That Premises Was Leased For Manufacturing Purpose: Supreme Court
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, has held that in order to attract the application of Section 106 of the Transfer of Property Act, 1882, which requires 6 months’ notice for termination of lease, the burden is on the Tenant to prove that manufacturing activity was being carried on in the leased Premises. A mere statement that...
Courts Should Exercise Restraint While Exercising Judicial Review In Contracts Involving Complex Technical Issues: Supreme Court
The Supreme Court recently reiterated that courts should exercise restraint while exercising the power of judicial review in contracts involving complex technical issues. "..in contracts involving complex technical issues, the Court should exercise restraint in exercising the power of judicial review. Even if a party to the contract is ‘State’ within the meaning of Article 12 of...
Supreme Court Monthly Digest May 2023
SUBJECT WISE INDEXAdverse PossessionThe onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties. (Para 7) Prasanna v. Mudegowda, 2023 LiveLaw (SC) 381Amravati Land ScamThe Supreme Court set aside the High Court order which stayed the probe...
Supreme Court Weekly Digest With Nominal And Subject/Statute. Wise Index[August 21 – 31, 2023]
Citations: 2023 LiveLaw (SC) 680 To 2023 LiveLaw (SC) 736SUBJECT WISE INDEXAbortion Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680‘Forcing woman to have child born out of rape against constitutional philosophy’: Supreme Court allows survivor’s plea for abortion. XYZ v. State of Gujarat, 2023...
Dowry Death Case | Supreme Court Surprised At HC Using Same Dying Declaration To Convict Husband While Disbelieving It For Father-in-Law
The Supreme Court, while acquitting a convict in a dowry death case, emphasized the critical importance of ensuring that a dying declaration is trustworthy and reliable, and inspires confidence when it is considered the sole basis for a criminal conviction. The Court pointed out that the circumstances under which the dying declaration was recorded raised concerns about whether it was a...
West Bengal Universities' Row: Supreme Court To Constitute Search Committees For VC Appointments; Invites Suggestions On Composition
Amid increasing friction between the Mamata Banerjee-led West Bengal government and Governor CV Anand Bose over the issue of the appointment of vice-chancellors in state-run universities, the Supreme Court on Wednesday (September 27) called upon intervenors to propose names of renowned scientists, technocrats, administrators, educationists, and other eminent individuals for inclusion in...