Supreme court
Principle Of Res Judicata May Not Strictly Apply When Public Interest At Stake: Supreme Court
While ruling in favor of the Delhi government and its entities in a batch of land acquisition cases, the Supreme Court recently observed that the principle of res judicata may not strictly apply in situations where public interest is at stake.The bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan said that in such cases, "a more flexible approach ought to be adopted by...
Supreme Court Monthly Round-Up: May 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of May, providing a succinct overview.Orders/ Judgments S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding,...
Refusal Of Accused In Sexual Offence Case To Undergo Medical Examination Shows Unwillingness To Cooperate With Investigation : Supreme Court
The Supreme Court on Monday (June 10) directed a person accused of sexual assault of his 9-year-old daughter to undergo a medical examination, observing that his refusal would amount to non-cooperation with the investigation.The Court was hearing a petition filed by the mother of the victim girl challenging the Karnataka High Court's order staying a police notice asking the accused to appear...
Section 217 CrPC | When Court Alters Charges, Opportunity Must Be Given To Both Sides To Recall/Re-examine Witnesses: Supreme Court
The Supreme Court held that in the event of an alteration of charges, an opportunity must be provided to the parties to recall or re-examine witnesses in reference to such altered charges, and the reasons for the alteration of charges must be recorded in the judgment. “A Court may alter or add to any charge before judgment is pronounced but when charges are altered, opportunity must be...
'Unfair To Deny Post-Retiral Benefits After They Worked For Over 30 Years' : Supreme Court Grants Relief To Employees Selected On Short-Term Basis
The Supreme Court, through its order dated May 07, granted post-retiral benefits to the Assistant Wasil Baki Navis (AWBNs)/ appellants, selected in 1981 for District Gorakhpur on a short-term seasonal appointment basis. The Bench of Justices Vikram Nath and Satish Chandra Sharma observed that the appellants have worked for 30 to 40 years. Thus, it added, it would be unreasonable and...
Incarceration Due To Delay In Trial Violates Article 21; Bail Can Be Considered In Such Cases Despite Bar Under NDPS Act : Supreme Court
The Supreme Court observed that if there's an undue delay in the completion of the trial, then there would be no impediment to consider the grant of bail to the accused under Narcotics Drugs and Psychotropic Substances Act despite not meeting the stringent test under Section 37 of the NDPS Act. “It is to observe that failure to conclude the trial within a reasonable time resulting in...
Subsequent Change In Law Can't Be A Ground For Condonation Of Delay Or Review: Supreme Court
In a batch of land acquisition cases, the Supreme Court recently observed that subsequent change in law cannot be a ground for condonation of delay."...if subsequent change of law is allowed as a valid ground for condonation of delay, it would open a Pandora's Box where all the cases that were subsequently overruled, or the cases that had relied on the judgements that were subsequently...
Supreme Court Criminal Digest April 2024
Bail Cancellation of Bail – Grounds – Misuse of liberty – Participation in protest and expression of strong views – Non-violation of bail conditions. A. Duraimurugan Pandiyan Sattai @ Duraimurugan v. State, 2024 LiveLaw (SC) 313 Criminal Law – Bail application – No specific prayer for bail in appeal petition – Held, the plea for bail in the context of the present...
Supreme Court Quarterly Digest 2024 - Negotiable Instruments Act, 1881
Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonor of cheque. (Para 10) Susela Padmavathy Amma v. Bharti Airtel Ltd., 2024 LiveLaw (SC) 237 Section 118 r/w. 139 - Accused has signed the cheque. The only dispute is with regard to the age of the ink used in making the signature on the cheque and the age of the signature and contents of...
Supreme Court Monthly Digest April 2024
Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 21 to 30]
Supreme Court Weekly Digest April 2024 Part 3 (Apr 21 - 30, 2024)Bail Cancellation of Bail – Grounds – Misuse of liberty – Participation in protest and expression of strong views – Non-violation of bail conditions. A. Duraimurugan Pandiyan Sattai @ Duraimurugan v. State, 2024 LiveLaw (SC) 313Code of Civil Procedure, 1908Failure to implead necessary parties – Court must apply its...












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