Supreme court
Supreme Court Weekly Round-Up (18-24th September)
Supreme Court Comes To Rescue Of Party Who Filed Cheque Bounce Case In Wrong Court After Noting He Got Incorrect Legal AdviceCase title: Bijoy Shankar Mishra v. State of JharkhandCitation: 2023 LiveLaw (SC) 798In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack...
In A First, Sign Language Interpreter Appears In Supreme Court For Deaf Lawyer; Sparks Conversations On Accessibility
On a seemingly ordinary morning on September 22 (Friday), the Supreme Court of India had a surprise in store for all those tuned into its virtual proceedings. A small window popped up on the screen, displaying a man intently interpreting court proceedings in sign language. The presence of the Indian Sign Language (ISL) interpreter, Saurav Roychowdhury, was arranged by Advocate on Record...
Blanket Exclusion Of Certain Offences From State's Remission Policy Is Arbitrary, Against Ideals Of Reformation: Supreme Court
The Supreme Court recently, while ordering the release of a convict who had spent more than 26 years in jail, raised concerns over the recent government order issued by the State of Kerala on June 4, 2022, pertaining to the premature release of convicts. While this order was not directly challenged in the case at hand, the Court deemed it necessary to comment on it and issue a note of...
In Second Appeal, High Court Must Frame Substantial Question Of Law At Admission Stage Itself Ordinarily: Supreme Court
The Supreme Court on Thursday (21.09.2023)held that High Courts while exercising their jurisdiction of Second Appeal under Section 100 of the Code of Civil Procedure, 1908 should ordinarily frame substantial questions at the stage of admission. However, if it is framed at a later stage, the Court must give parties adequate time to meet and address them before deciding the appeal. A bench...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]
Citations: 2023 LiveLaw (SC) 639 To 2023 LiveLaw (SC) 679SUBJECT WISE INDEXAllotment of PlotsAllotment of Plots - E-auction - When the HSIIDC as the authority deciding to allot industrial plots had laid down a particular procedure which will ensure fairness and transparency amongst the participants, they cannot depart from the notified process particularly when there was no technical...
Enforcement Officer Competent To File Complaint Under Repealed Provisions Of FERA During Sunset Period Of 2 Years After Enforcement Of FEMA: Supreme Court
The Supreme Court has ruled that the Enforcement Officer appointed and authorised under the repealed provisions of the Foreign Exchange Regulation Act, 1973 (FERA), will continue to have the authority and competence to file a complaint for the offences punishable under the Act before the expiry of the sunset period of 2 years provided under Section 49(3) of the Foreign Exchange Management...
Judge Aspirants Get Relief; Supreme Court Sets Aside BPSC's Rejection Of Candidates For Not Producing Original Certificates
The Supreme Court on Friday (September 22) granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission(BPSC) due to non-production of original certificates at the time of interview. Holding that production of original certificates was not a mandatory condition, the Court directed that the said candidates be accommodated...
High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Two of the accused persons were awarded death penalty, which the Supreme Court overturned.The Court remarked that the "the manner in which the police tailored their investigation, with complete indifference to the...
Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and Conciliation Act, 1996, it must be considered that the Arbitrator is empowered to interpret the contract terms reasonably. Arbitrator’s interpretation cannot be a ground for setting aside of...
Can't Allow Barium Nitrate In Firecrackers Merely Because New Formulation Is 30% Less Polluting : Supreme Court
The Supreme Court on Friday (22.09.2023) rejected an application filed by an association of firecracker manufacturers (TANFAMA) to include reduced quantities of barium nitrate in firecrackers. In 2019, the Apex Court had directed that barium salts must not be used in firecrackers. In 2021, the Court had reiterated this ban.TANFAMA had approached the Apex Court seeking a direction to allow...
Section 313 CrPC - Failure To Put Incrimination Circumstances To Accused Will Not Vitiate Trial If No Prejudice Is Caused : Supreme Court
Recently, the Supreme Court adjudicated upon the issue of whether, on account of not putting the incriminating circumstance to the accused persons, while recording their statements under Section 313 (Power to examine the accused) of the Code of Criminal Procedure, 1973 (Crpc), their conviction with the aid of Section 34 (Acts done by several persons in furtherance of common intention) of...