Supreme court
Supreme Court Quarterly Digest On Service Law [Jan - Mar, 2023]
One Rank One Pension (OROP) - Supreme Court extends the time for Centre to disburse pension arrears for ex-servicemen under the OROP scheme. Indian Ex Service Movement v. Union of India, 2023 LiveLaw (SC) 264It is trite law that courts would not prescribe the qualification and/or declare the equivalency of a course. Until and unless rule itself prescribes the equivalency, namely,...
Company's Bank Account Can't Be Frozen For Criminal Investigation Against Unrelated Party : Supreme Court
The Supreme Court, on Tuesday, set aside freeze order and subsequent bank guarantee imposed on a Foreign Institutional Investor company as those actions were found to be taken on the basis of a criminal case pending against a person, who had no connection with the company.A Bench comprising Justice Krishna Murari and Justice Sanjay Kumar noted that the freeze order and the bank guarantee...
Prickly Heat Powder Is Not A ‘Medicine’ For The Purpose Of Sales Tax In Kerala & Tamil Nadu: Supreme Court
The Supreme Court Bench has held that prickly heat powders fall under the category of ‘medicated talcum powder’ and not ‘medicine’ for the purpose of sales tax under Kerala General Sales Tax Act, 1963 (“KGST Act”). Whereas, under the Tamil Nadu General Sales Tax Act, 1959 (“TNGST Act”), prickly heat powder would be taxed as a cosmetic.The Bench comprising of Justice S....
CERC Can't Go Beyond Express Terms Of Contract; APTEL Can't Discover New "Change In Law" Which Parties Never Contemplated : Supreme Court
The Supreme Court has ruled that in a case where the matter is governed by the express terms of the contract, the Central Electricity Regulatory Commission cannot, even donning the garb of a regulatory body, go beyond the express terms of the contract. The bench of Justices K.M. Joseph and B.V. Nagarathna noted that a regulation made under Section 178 of the Electricity Act, 2003 has the...
IBC | Date Of Order Pronouncement & Time Taken To Provide Certified Copy Excluded From Limitation Period For Appeal To NCLAT : Supreme Court
The Supreme Court has held that for the purpose of computing limitation for filing of appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the time taken by Tribunal for providing certified copy of order to be challenged ought to be excluded from computation of limitation.The Bench comprising Chief Justice of India Dr. Dhananjaya Y Chandrachud and Justice J B Pardiwala,...
Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances (i.e. motive, disclosure, recovery, and extra judicial confession) beyond reasonable doubt.The three judge bench comprising Justice...
'Judiciary Has To Modernize' : Supreme Court Deprecates NCLAT's Insistence On Physical Filing Of Appeals In Addition To E-Filing
The Supreme Court has deprecated the practice of NCLAT whereby physical filing of appeals has been made mandatory in addition to e-filing of appeals. While expressing displeasure regarding the said practice, the Court observed as under:“…If some judges are uncomfortable with e-files, the answer is to provide training to them and not to continue with old and outmoded ways of working....
S 156(3) & 202 CrPC : Supreme Court Explains Differences Between Powers Of Magistrate At Pre-Cognizance & Post-Cognizance Stages
In a recent judgment(Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others), the Supreme Court bench comprising Justices MR Shah and Sanjiv Khanna explained the distinction between the power of a Magistrate to direct registration of an FIR and investigation at a pre-cognizance stage under Section 156(3) of the Criminal Procedure Code, 1973 (CrPC), and the proceedings under Chapter...
Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...
Supreme Court Weekly Round Up (1st May 2023-7th May 2023)
With another week gone by, Live Law is here with its Weekly Digest to provide the readers with a panoramic view of the Supreme Court's jurisprudence. Through this digest, we aim to promote transparency, accessibility, and informed discourse on the judiciary's role in upholding justice and safeguarding the rights of individuals. We believe in the power of knowledge and its ability to...