Supreme court
Supreme Court Weekly Digest April 2023 (Citations 308 - 336) Part 3 [April 17 – 23, 2023]
SUBJECT WISE INDEXAdvocates StrikesThe Supreme Court requested all high courts to constitute grievance redressal committees comprising the chief justice and two other senior judges, one from the Bar and another from services to avert lawyers' strikes. District Bar Association Dehradun v. Ishwar Shandilya, 2023 LiveLaw (SC) 331ArbitrationSupreme Court deprecates practice of filing applications...
Supreme Court Directs To Send Sessions Judge For Training As He Was Not Following Judgments On Bail
While considering compliance of its directions in Satender Kumar Antil v. CBI, the Supreme Court, on Tuesday, from illustrative cases mentioned by the Amicus Curiae, Amicus Curiae Siddharth Luthra identified a Judge of a Sessions Court in Lucknow, who the bench felt that should be sent to the judicial academy for upgradation of his skill. It asked the Allahabad High Court to do the needful...
Arbitration: Supreme Court Upholds Rejection Of S. 8 Application Since Cause Of Action Went Beyond Transaction Containing Arbitration Agreement
The Supreme Court has upheld the decision of the Gujarat High Court where it had upheld the rejection of an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) in a commercial civil suit, noting that the cause of action of the suit went beyond the transaction containing the arbitration agreement.The bench of Justices Dinesh Maheshwari and Sudhanshu...
S. 52A Of Wakf Act Cannot Be Apply To Tenants Who Took Possession Before Enactment Of This Provision : Supreme Court
The Supreme Court has held that criminal proceedings under Section 52A of the Wakf Act 1995 cannot be maintained against persons who were in possession of the Wakf property when the said provision was introduced in 2013 and continue to remain in possession after the expiry of lease, contesting civil proceedings for eviction."Section 52A cannot cover cases where leases of wakf properties...
Onus To Prove Adverse Possession Shifts To Defendants, Once Title Is Upheld In Plaintiff's Favour In Earlier Suit Between Same Parties : Supreme Court
The Supreme Court Bench comprising of Justice Rajesh Bindal and Justice Aravind Kumar, while adjudicating an appeal filed in Prasanna and Others V Mudegowda (D) By LRs, has held that the onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same...
'Not Everything Said In A Judgment Constitutes A Precedent' : Supreme Court Explains Distinction Between Obiter Dicta & Ratio Decidendi
In an order passed recently, the Supreme Court briefly explained the distinction between obiter dicta and ratio decidendi in a judgment."It is not everything said by a Judge when giving judgment that constitutes a precedent. The only thing in a Judge's decision binding as a legal precedent is the principle upon which the case is decided and, for this reason, it is important to analyse a...
Supreme Court Dismisses Plea Challenging Rule Permitting Disposal Of Review Petitions Without Oral Arguments
The Supreme Court dismissed a petition challenging the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 which provides for disposal of review petitions by circulation without any oral arguments.The decision of this Court in P N Eswara Iyer v Supreme Court of India does not warrant any reconsideration, the bench of CJI DY Chandrachud and Justice P S Narasimha observed.In P...
Section 16 Carriage By Road Act Applicable To Suit/ Legal proceedings In Connection With Loss/Damage To Consignment Alone : Supreme Court
The Supreme Court observed that Section 16 of Carriage by Road Act, 2007, is applicable only where the claim is for any loss of, or damage to, the consignment and not in respect of any other claim of loss or damage.The provision of Section 16 of the new Act does not come into play vis-Ã -vis the condition of giving a notice in respect of claims for damages for the loss of reputation,...
In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.In this case, the High Court had rejected the anticipatory bail application filed by the accused. The Supreme Court, granted him ad interim protection observing that (i) it was a cross case arising out...
Supreme Court To Hear Plea Against Demolition Drive In Tughlakabad Area Tomorrow
The Supreme Court on Monday refused to stay the demolition drive to remove encroachment from Tughlakabad area in South Delhi. The Bench comprising Justice Sanjiv Khanna and Justice MM Sundresh sought the response of the Central Government, Archaeological Survey of India (ASI) and the Delhi Development Authority (DDA). The Bench has listed the matter for further consideration tomorrow. "Let...
Don't Seek Extension Of Time For Investigation At Last Moment, Accused Will Get Right To Default Bail : Supreme Court To NIA, Police
The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala made this observation after noting that the Punjab Police(investigation later taken over by the NIA) had filed an application seeking to extend the...