Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court

The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts.“it is for the Tribunal in a given case to make a decision as to whether the entire amount has to be released or if it is to be released in part. Suffice it is to state that the Tribunal is expected to give its own reasoning while...

'Keeping Tipper Lorry Idle Serving No Purpose' : Supreme Court Allows Release Of Vehicle Seized In 2021

The Supreme Court ordered the release of a TATA Tipper Lorry seized in September 2021 in connection with a criminal case in Tamil Nadu observing that keeping the vehicle idle was not in anyone's interest as it occupied public space within the Magistrate Court complexA bench of Justice Hrishikesh Roy and Justice SVN Bhatti observed –“Keeping a vehicle like a Tipper Lorry idle is not...

Party Whose Right To File Written Statement Is Forfeited Cannot Introduce Its Case Indirectly Through Evidence: Supreme Court

The Supreme Court held that a party whose right to file a written statement in a case has been forfeited cannot introduce his case indirectly through evidence or written submission. Such a party can still participate in the proceedings and cross-examine the complainant, but cannot indirectly introduce his case."In the absence of any specific provisions dealing with non-filing of...

Deceitful Property Deals: Supreme Court Raises Concerns, Imposes Rs.10 Lakhs Cost On Dishonest Vendor & Second Purchaser

While dealing with a property title dispute, the Supreme Court recently imposed Rs.10 lakhs cost on a vendor who, after executing a sale deed with the vendee, conveyed the property to a subsequent purchaser while the first sale deed was pending registration. The liability to pay cost was directed to be borne by the vendor equally alongwith the subsequent purchaser."The respondent no.2...

Supreme Court Monthly Digest June 2024

Citations 2024 LiveLaw (SC) 415 to 2024 LiveLaw (SC) 434Arbitration & Conciliation Act 1996Section 29A - A High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award. Chief Engineer (NH) PWD (Roads) v. BSC & C and C JV, 2024 LiveLaw (SC) 425BailBail prayers are not to be indefinitely adjourned....

State Not Liable To Collect Tax At Source While Giving Contractors Permit To Vend Liquor At Fixed Retail Price : Supreme Court

The Supreme Court recently held that any vendor who buys liquor from state manufacturers without obtaining it through auction and sells in retail at a fixed price would be excluded from the definition of 'buyer' under Section 206C of the Income Tax Act. Such a trade would be exempted from TCS (Tax Collected at Source)."If the buyer is a public sector company or it has obtained the goods...

Supreme Court Weekly Round-Up (15 July-20 July, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...

Supreme Court Criminal Digest -May 2024

BailIn the matters relating to liberty of a citizen every single day counts. Keeping the matter for regular bail pending for a period of almost 11 months deprives the petitioner of his valuable right of liberty. Amandeep Singh Dhall v. Central Bureau of Investigation, 2024 LiveLaw (SC) 399Code of Criminal Procedure, 1973 Appeal against conviction – Held, Conviction is confirmed. The...

Is Charge Sheet Incomplete In NDPS Cases Without Forensic Report?Do States Have Adequate Forensic Labs? Supreme Court To Examine

The Supreme Court has issued notice to the Union Government and all States to address the issue relating to the establishment of adequate Forensic Science Laboratories by State Governments with adequate number of technical staff required to operate such labs.The Court is considering the issue whether chargesheet without the inclusion of Forensic Science Laboratory (FSL) or Examiner's Reports...

Prior Executive Decision Doesn't Bar Legislature From Taking Contrary View : Supreme Court

The Supreme Court observed that a person cannot claim any enforceable legal right based on an executive action that is later modified by the state legislature in the larger public interest.In essence, the Court stated that neither a right to legitimate expectation nor promissory estoppel can be asserted based on executive actions that the legislature subsequently changes in the...

Supreme Court Monthly Digest May 2024

Citations 2024 LiveLaw (SC) 340 to 2024 LiveLaw (SC) 414AdvertisementGuidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022; Guideline No. 8, 12 & 13 – Held, advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. Such endorsements that are routinely made by public...

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court

The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996 (A&C Act).A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed an arbitration...