Supreme court
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 282 - 307) [April 10 – 16, 2023]
SUBJECT WISE INDEXAdvocateDuty of all genuine lawyers to get their degrees verified: Supreme Court forms expert committee to oversee verification. Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307ArbitrationSection 34 application must be filed within 90 days limitation to claim exclusion of period when court remain closed. Bhimashankar Sahakari Sakkare Karkhane Niyamita...
Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court
The Supreme Court has recently set aside the judgment of the Allahabad High Court which upheld the conviction of a person under Prevention of Corruption Act, on the ground that High Court shall not decide an appeal without calling for the records of the case from the Trial Court.The division bench of Justice Krishna Murari and Justice Sanjay Karol noted:“The language of Section 385 shows...
Loss On Confiscation Of Smuggled Items By DRI Officials Cannot Be Claimed As ‘Business Loss’ Under Income Tax Act: Supreme Court
The Supreme Court bench comprising Justices M. R. Shah and M.M. Sundresh has set aside the Rajasthan High Court’s order of allowing the loss claimed by the assessee on account of confiscation of silver bars by the Customs department, as ‘business loss’ under Section 37(1) of the Income Tax Act, 1961. Justice M. R. Shah reckoned that the assessee was carrying on a legitimate...
Supreme Court Grants Anticipatory Bail To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library
The Supreme Court, on Wednesday, granted anticipatory bail to Dr. Mirza Moziz Beg, an assistant professor at Indore’s Government Law College. The college has been embroiled in controversy over the presence of an allegedly ‘Hinduphobic’ and ‘anti-national’ book titled Collective Violence and Criminal Justice System by Dr. Farhat Khan, in its library.The matter was listed before a...
Supreme Court Orders High Courts To Ensure Digitization Of District Court Records To Facilitate Smooth Functioning Of Judicial Process
The Supreme Court on Monday issued directions to all the High Courts for ensuring digitalisation of lower court records.While hearing a criminal appeal where the lower court records were lost, the division bench of Justice Krishna Murari and Justice Sanjay Karol observed,"The job of the Court of Appeal is not to depend on the lower Court's judgment to uphold the conviction but, based on...
Income Tax Act- AO Can’t Make Additions to Completed Assessments In Absence Of Incriminating Materials: Supreme Court
The Supreme Court has ruled that no additions can be made by the Assessing Officer (AO) under Section 153A of the Income Tax Act, 1961 in the absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132 A, in respect of completed /unabated assessments. The bench of Justices M.R. Shah and Sudhanshu Dhulia remarked that...
Filing Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme Court
The Supreme Court, on Wednesday, held that without completing an investigation of a case, a chargesheet or prosecution complaint can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC.A Bench comprising Justice Krishna Murari and Justice CT Ravikumar held the same while considering a criminal writ petition filed by...
Bail Condition | Seeking Pre-Deposit Of Bank Guarantee For Grant Of Bail Is Unsustainable: Supreme Court
The Supreme Court has set aside an order whereby a pre-condition of furnishing bank guarantee was imposed on the accused by the Trial Court and the High Court while granting bail. The Bench has regarded such practice to be unsustainable and bad.The Bench comprising of Justice Krishna Murari and Justice Ahsanuddin Amanullah, while adjudicating an appeal filed in Makhijani Pushpak Harish v...
AIBE Candidate Approaches Supreme Court Claiming That Delay In Declaration Of Results Is Jeopardizing Her Right To Practice As An Advocate
An Advocate has approached the Supreme Court aggrieved by the delay in declaration of results of the 17th All India Bar Examination (AIBE) results by the Bar Council of India (BCI). The 17th AIBE was conducted on 5th February 2023 across India, but despite a lapse of more than 2 and half months, the results are yet to be declared. The delay by the BCI “is jeopardizing the right of...
Negligence By Doctor | Insurer Liable To Reimburse Compensation To Complainant To The Extent Of Its Liability Under The Policy: Supreme Court
The Supreme Court has held that in a case of negligence committed by Doctor, the Insurance Company which covered the Doctor would have to reimburse the compensation to the Complainant to the extent of its liability under the Policy, as against the Doctor concerned.The Bench comprising of Justice A.S. Bopanna and Justice Dipankar Datta, while adjudicating an appeal filed in Nagarmal Modi...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 266 - 281) Part 1 [April 1 – 9, 2023]
SUBJECT WISE INDEXAmendmentRetrospective application for Amendment - Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed - 2015 amendment substituted "belong/belongs" in Section 153C with "pertain/pertains" and hence is amendment by substitution. (Para 10.4)...
Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority
A Constitution Bench of the Supreme Court, on Tuesday, answered the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.A 5-Judge Bench, comprising Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice...