Supreme court
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-(Citations 584 - 608) [August 1 – 6, 2023]
SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...
Supreme Court Monthly Roundup- August 2023
Judgments/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise...
Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service
The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal filed by an advocate against the BCI’s decision to bar him...
Section 311 CrPC | Power To Recall Witness Must Be Invoked When It Is Essential For Just Decision : Supreme Court
The Supreme Court recently allowed an application filed by a witness under Section 311 of the Code of Criminal Procedure seeking to call him again for examination. The Court allowed the plea taking note of the fact that in his initial deposition, there was no occasion for him to bring on certain facts, which became relevant after the examination of the expert witness. The Court quoted a...
Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal (MACT). The apex court expressed disappointment over the approach taken by the High Court in evaluating the evidence and reinstated the MACT's verdict.The Court observed “It is unfortunate that in a case of the present nature, the High Court while assessing the evidence available on record,...
Advocate Acting As Real Estate Agent & Selling Client's Property Amounts To Misconduct : Supreme Court Upholds BCI Penalty
The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal from...
Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court
Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal(1 September 2023).In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year 1996. The First Appellate Court...
Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court
The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh...
NEET PG: Supreme Court Grants Relief To Candidate Denied Benefit Of OCI Card Holder Based On 2021 MEA Notification
The Supreme Court recently granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India(OCI) card holder by the All India Institute of Medical Sciences (AIIMS). Finding the rejection of her application as an OCI candidate to be illegal, the Court directed to be considered in remaining counselling rounds by the AIIMS and other NEET-PG...
Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court
The Supreme Court has observed that anticipatory bail can be granted to a person to a proclaimed offender only in an exceptional and rare case. The Court made this observation while setting aside an order passed by the the Punjab and Haryana High Court granting bail to the respondent, who was declared to be proclaimed offender under Section 82 of the Code of Criminal Procedure.“The...
Expressing Serious Concern, Supreme Court Asks Patna HC CJ To Look Into Delay In Uploading Court Order
The Supreme Court on Friday directed the Chief Justice of the High Court of Patna to took look into certain irregularities in uploading an order of the High Court. The Top Court said that the issue raised 'serious concerns' and directed the High Court Chief Justice to take necessary steps in this regard. A division bench of Justice S. Ravindra Bhat and Justice Aravind Kumar was considering...
Supreme Court Seeks TN Govt View On Plea Against HC Allowing Transfer Of Archakas From One Agamic Temple To Another
The Supreme Court recently sought the response of the state of Tamil Nadu regarding transfer of temple Archaka(pujair/priest) from one Agamic Temple to another Agamic Temple and the role required to be played by the appointing authority, in the absence of an elected trustee.A bench Justice M.M. Sundresh And Justice J.B. Pardiwala issued notice in a plea challenging the order of the Madras...