Supreme Court Monthly Round Up : September 2024

IndexCitationsSalam Samarjeet Singh v. High Court of Manipur at Imphal | Writ Petition (Civil) No. 294/2015 2024 LiveLaw (SC) 636Rama Kt. Barman (Died) Thr. Lrs. v. Md. Mahim Ali & Ors., Civil Appeal No.3500/2024 2024 LiveLaw (SC) 637Union of India v. Bahareh Bakshi 2024 LiveLaw (SC) 638K. Arumugam v. Union of India & Others Etc., Civil Appeal Nos.2842-2848 of 2012 (and connected...

S. 389 CrPC | Suspension Of Sentence Can't Be Denied Merely Because Another Trial Is Pending Against Accused : Supreme Court

The Supreme Court yesterday (Oct. 4) observed that a pendency of trial against the accused in one case cannot be a ground to deny him the benefit of a suspension of sentence. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra granted a relief to the accused who were convicted in a murder case but denied the benefit of the suspension of sentence by the High Court. The...

'No Scheduled Offence In Complaint Or Chargesheet' : Supreme Court Grants Bail To Two Accused In Money Laundering Case

The Supreme Court on Friday (October 4) granted bail to two accused, Laxmikant Tiwari and Shiv Shankar Naag, in a money laundering case connected with the Chhattisgarh coal levy scam case.A bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the grounds of prolonged incarceration and the absence of a scheduled offence at the time of filing of the...

Supreme Court Summarises Principles For Interpreting Tax Statutes In Judgment On GST Input Tax Credit

The Supreme Court on Thursday (October 3) outlined the principles governing the interpretation of taxation statutes in the context of the Central Goods and Services Tax (CGST) Act, 2017.A bench of Justice Abhay Oka and Justice Sanjay Karol summarised the principles of interpretation while dealing with a case involving the interpretation of Section 17(5)(d) of the CGST Act, which disallows...

Final Select List Signals Completion Of Appointment Process; It Can't Be Scrapped For Fresh Process As Per New Rules : Supreme Court

The Court said that the scrapping of final list to hold fresh process amounted to 'changing the rules of the game after the game is played'.

Supreme Court Criticises HC Order Which Allowed Provisional College Admission Despite SC Staying Similar Order Of Previous Year

Dealing with the issue of colleges being permitted to participate in admission process on the strength of interim judicial orders, the Supreme Court recently called out the Madhya Pradesh High Court for passing an order akin to the one stayed by the top Court last year, saying that the practice was not in conformity with "judicial propriety".A bench of Justices BR Gavai and KV...

Specific Relief Act | Supreme Court Allows Oral Hearing Of Review Petition Against Judgment Holding 2018 Amendment To Be Prospective

A three-judge bench of the Supreme Court, by 2:1 majority, agreed to hear in open court a review petition filed against a 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force (01.10.2018).The original judgment was rendered by a three-judge bench comprising...

HCs Fix Deadline For Trial Just For Psychological Satisfaction Of Parties, Such Orders Don't Work & Are Impermissible: Supreme Court

The Supreme Court on Friday (October 4) said that the trend of High Courts directing trial courts to conclude trial within a set time frame instead of granting bail, without considering the trial courts' case backlogs is impermissible.“Now we will tell you the trend in High Courts. That case is made out for grant of bail, courts are reluctant to grant then courts say alright decide the...

Govt Should Act Fairly In Tender Matters, Deviations From Essential Contract Term To Apply To All Bidders : Supreme Court

While dealing with a Mega project tender matter, the Supreme Court recently observed that though a Court cannot sit in appeal over government authorities' decision to enter into contracts, they shall act fairly, reasonably and in a transparent manner. If they exercise authority to deviate from an essential term of a contract, the same shall apply across all bidders and not a...

Delay In Forwarding FIR To Magistrate Wouldn't Be Fatal To Prosecution's Case If No Prejudice Caused To Accused : Supreme Court

The Supreme Court observed that a mere delay in forwarding the FIR to the jurisdictional magistrate would not be fatal to the prosecution's case unless it is shown by the accused that the delay had caused prejudice to his case. “This Court, in State of Rajasthan v. Daud Khan (2016), has examined the case law on the subject and held that when there is a delay in forwarding the FIR to...

Tirupati Laddu Row | 'Independent Body Will Inspire Confidence' : Supreme Court Forms SIT To Investigate Ghee Adulteration Allegation

The Court observed that it cannot be used as a political battleground.

Ensure Denotified Tribes Aren't Arrested Arbitrarily: Supreme Court Directs Police

The Supreme Court has directed the police to follow guidelines issued in Arnesh Kumar v. State of Bihar (2014) and Amanatullah Khan v. The Commissioner of Police, Delhi (2024) to ensure that members of Denotified Tribes are not subjected to arbitrary arrest."The Police is directed to follow the guidelines issued in Arnesh Kumar v. State of Bihar (2014) and Amanatullah Khan v. The Commissioner...