Supreme court
Magistrate's Summoning Order Must Reflect Reasons : Supreme Court Reiterates
The Supreme Court today (January 30) quashed a non-speaking summoning order issued by a Judicial Magistrate against a drug manufacturer, reiterating that a summoning order cannot be issued without recording valid reasons. The bench comprising Justice BR Gavai and AG Masih was hearing the appeal filed by drug manufacturers assailing the correctness of the Andhra Pradesh High Court's...
Supreme Court Sets Aside Judgment Allowing Jharkhand Residents Who Cleared CTET/TET From Neighboring States To Apply For 2023 Teacher Recruitment
The Supreme Court set aside a 2023 judgment of the Jharkhand High Court permitting Jharkhand residents who had cleared the Central Teacher Eligibility Test (CTET) or Teacher Eligibility Test (TET) from neighbouring states to participate in the recruitment process for Assistant Teacher positions in Jharkhand.A bench of Justice JK Maheshwari and Justice Rajesh Bindal pronounced the judgment....
S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court
The Supreme Court stated that a disclosure statement under Section 27 of the Indian Evidence Act unaccompanied by the supporting evidence is not sufficient to prove the guilt of the accused beyond a reasonable doubt. The Court reasoned that the conviction cannot be solely based on the disclosure statement because it is considered a weak piece of evidence.The bench of Justice Abhay S. Oka...
'Tanneries Caused Irreversible Damage' : Supreme Court Passes Directions On Pollution In TN's Vellore, Asks Polluters To Compensate
The Supreme Court on Thursday (January 30) issued a set of directions to mitigate the pollution caused by the enormous discharge of untreated effluents by tanneries into the Palar River in Vellore District(Tamil Nadu).Notable among them are the directions to pay compensation to the affected families, to recover the compensation from the polluting industries as per the "polluter pays"...
IBC | For Resolution Plan Involving Combination, Prior Approval Of Competition Commission Mandatory Before CoC Examination : Supreme Court
The Supreme Court on January 29, by 2:1 majority, observed that a resolution plan under the Insolvency and Bankruptcy Code, containing a proposed combination(a merger or amalgamation of entities), should only be placed before the Committee of Creditors (CoC), after it has been approved by the Competition Commission of India (CCI).In this regard, the Court referred to Section 31(4) proviso of...
Art. 226 | Writ Petition Not Maintainable Against NBFC; Private Company's Banking Business Not 'Public Function' : Supreme Court
The Supreme Court recently stated that an entity being subject to regulatory guidelines under a statute does not automatically make it subject to Writ Jurisdiction. Instead, Writ Jurisdiction applies only when it can be demonstrated that the entity is performing a public duty or function concerning its responsibilities. A bench of Justice JB Pardiwala and Justice R Mahadevan summed up...
When Can Stranger To Suit Seek Leave To Appeal Against Decree? Supreme Court Lays Down Principles
In a judgment delivered on January 29, the Supreme Court discussed the circumstances under which a third party to a suit can seek leave to appeal against the decree.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made this discussion while considering an appeal filed by a lis pendens transferee, who was aggrieved by the High Court's refusal of leave to appeal against a decree...
Capital Punishment An Exception; Even In Cases Of Multiple Murders, Avoid Death Sentence If There's Possibility Of Reform : Supreme Court
Recently, the Supreme Court upheld the conviction of a man for murdering his wife and four minor daughters but commuted his death sentence to life imprisonment without remission, citing a lack of criminal antecedents, prison reports indicating reform potential, and precedents against the death penalty in multiple-murder cases.The Court added that even in cases involving multiple murders, no...
Transferee Pendente Lite Not Entitled To Get Impleaded In Suit As A Matter Of Right : Supreme Court Summarises Principles
The Supreme Court today (January 29) ruled that a pendente lite transferee(someone who purchases a suit property during the pendency of the litigation) has no automatic right to be impleaded in a suit. It said only in exceptional cases, where the transferee's rights are adversely affected or jeopardized, a leave would be granted to the pendente lite transferee (who wasn't impleaded in the...
Supreme Court Weekly Round-up: January 20, 2025 To January 26, 2025
Nominal IndexCitationsBalbir Singh & Anr Etc v. Baldev Singh (D) Through His Lrs & Ors. Etc 2025 LiveLaw (SC) 82Musheer Alam v. State of Uttar Pradesh 2025 LiveLaw (SC) 83Bharat Aambale v. State of Chhattisgarh 2025 LiveLaw (SC) 84Bhupinderpal Singh Gill v. State of Punjab and Others., Civil Appeal No.183 of 2025 2025 LiveLaw (SC) 85Bharat Petroleum Corporation Ltd. v. Commissioner...
Supreme Court Awards Rs 5 Lakhs Compensation To Persons Who Were Wrongly Sentenced In Murder Case
The Supreme Court today (January 29) asked the State of Haryana to pay a compensation of Rs 5 lakhs each to three accused who were illegally sentenced in a murder case.The Punjab and Haryana High Court had, in its revisional jurisdiction, reversed the acquittal of appellants and convicted them of murder. Although the State had not filed any appeal against the acquittal by the trial court,...
All Indians Have Only One Domicile- 'Domicile Of India'; No State Or Provincial Domicile In Our Legal System : Supreme Court
In a judgment delivered on Wednesday (January 29), the Supreme Court observed that the concept of regional or provincial domicile is alien to the Indian legal system. All citizens of the country carry a single domicile, which is the "domicile of India", the Court added.The Court made these significant observations while declaring that residence-based eservations in PG medical admissions...