Compassionate Appointment : Supreme Court Summarises Principles

The Supreme Court, recently, held that since compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death. The Court opined - “...the operation of a policy/scheme for compassionate appointment is founded on considerations of immediacy. A sense...

Collector Is Competent Authority To Cancel Lease Deed Under Rule 51(7) OMMC Rules: Supreme Court

The Supreme Court has held that the Collector is a competent authority under Rule 51(7) of the Orissa Minor Mineral Concession Rules, 2016 to cancel a lease deed for non production of solvency certificate. The Court reversed an order of the Orissa High Court which held that Tahsildar is the competent authority to cancel a lease deed under Rule 51(7).A Bench comprising Justice MR Shah and...

Reliance Home Finance Insolvency : Supreme Court Allows Debenture Holders To Be Covered Under Resolution Plan Of Authum Investments

In relation to the insolvency of Reliance Home Finance Ltd (RHFL), the Supreme Court recently allowed the resolution plan proposed by Authum Investments and Infrastructure Ltd(AIIL), a non-banking finance company, to cover the debenture holders of RHFL. However, the plan will not cover dissenting debenture holders.A bench comprising Justices BR Gavai and Aravind Kumar further directed that...

Section 313 CrPC : Supreme Court Summarises 10 Well-Settled Principles

Recently, the Supreme Court briefly summarised the settled principles with respect to Section 313 Code of Criminal Procedure, 1973. The provision deals with the power to examine the accused. The Trial Court is vested with the power to put questions to the accused at any stage of the trial to enable them to explain any circumstances appearing in evidence against him. It is the duty of the Court...

Supreme Court Monthly Round Up - February 2023

From the ongoing Shiv Sena dispute to the Adani-Hindenburg matter and the contentious PILs concerning religious conversion – February 2023 has been a month filled with significant legal events in the Supreme Court of India. With the legal world buzzing with activity, Live Law understand that it can be challenging to keep a track of all legal developments, which is why we are here to help....

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court.While dismissing an application under Section 319 Cr.P.C. filed by a complainant for summoning of the appellant as an additional accused, a...

Extra-Judicial Confession Is A Weak Piece Of Evidence, Independent Corroboration Needed: Supreme Court

Reiterating that it is a weak piece of evidence, the Supreme Court of India recently observed that the credibility of an extra-judicial confession decreases when the surrounding circumstances are doubtful.A Bench of Justices BR Gavai and Sanjay Karol said that Courts would generally look for an independent reliable corroboration before placing any reliance upon an extra-judicial...

SCBA To Convene General Body Meeting To Consider Resolutions Against Senior Advocates Kapil Sibal & Neeraj Kishan Kaul

A section of the Supreme Court Bar Association has expressed unhappiness at Senior Advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the Chief Justice of India on behalf of the bar over the remarks made by SCBA President Vikas Singh. 235 SCBA members have proposed a resolution seeking action against the senior lawyers for tendering apology "without knowing the issue and...

International Women’s Day: Recent Important Supreme Court Judgments On Women’s Rights

“Honesty, pride and self-esteem are crucial to the personal freedom of a woman. Social progress depends on the progress of everyone. Following words of the father of our nation must be noted at all times: To call woman the weaker sex is a libel; it is man's injustice to woman. If by strength is meant moral power, then woman is immeasurably man's superior. Has she not greater intuition, is...

Post Graduate Degree From Open University Without Undergoing Basic Degree Course Is Not Valid: Supreme Court

The Supreme Court recently reiterated that a candidate who obtained post graduate degree from an open university without undergoing the basic degree course is not valid.A Bench of Justices Hrishikesh Roy and Sanjay Karol noted that whether a post graduate degree obtained from Open University without undergoing the basic graduation course is acceptable was already answered in another judgement...

Section 313 CrPC - Written Statement Of Accused Has To Be Considered In The Light Of Prosecution Evidence : Supreme Court

The Supreme, recently, observed that once a written statement is filed by the accused under Section 313(5) of the Code of Criminal Procedure, 1973 and the Trial Court marks it as exhibit, such statement must be treated as part of the statement of the accused under Section 313(1) read with Section 313(4) Cr.P.C."The written statement(under Section 313(5)) has to be considered in the light of...

Supreme Court Monthly Digest February 2023

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw...