Interview Also Be Done To Assess Suitability Of Judicial Officers For Promotion As District Judges In 65% Quota : Supreme Court Suggests

The Supreme Court in its recent judgement concerning the promotion of Judicial Officers by the Gujarat High Court, observed a few suggestions to enhance the 'suitability test' employed by the High Court for promoting judicial officers on the basis of 'Merit-cum-Seniority'. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior...

CrPC Not Retrospectively Applicable To J&K Before 31.10.2019; Prior Proceedings Should Comply With Old Law : Supreme Court

The Supreme Court has held that the Code of Criminal Procedure, 1973(CrPC) will apply to Jammu and Kashmir only with effect from 31.10.2019, the date when the Jammu and Kashmir Reorganization Act 2019 came into effect following the abrogation of the special status of J&K under Article 370 of the Constitution.The Court clarified that the CrPC will not have retrospective application to...

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court

The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family(HUF), she should have been in possession of the property.The bench comprising Justices BR Gavai and Sandeep Mehta, after referring to the statutory scheme and precedents, observed :“It is clear that for establishing full ownership on the undivided joint family...

Can Muslim Women Claim Equality In Succession? Can Will Be Executed For Entire Property As Per Mohammedan Law? Supreme Court To Decide

The Supreme Court has decided to determine, inter-alia, whether Muslim women have the right to claim equality in succession in light of Article 14 (Right to equality) and 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Indian constitution. The question arose before the bench of justices C.T Ravikumar and Rajesh Bindal, who...

Sale Of Judgment Debtor's Whole Property Impermissible When Sale Of Part Property Can Satisfy Decree: Supreme Court

Sale Of Judgment Debtor's Whole Property Impermissible When Sale Of Part Property Can Satisfy Decree: Supreme Court

Supreme Court Quarterly Digest 2024 On BAIL [January To March, 2024]

Bail - Supreme Court Quarterly Digest, 2024An accused, while joining investigation as a condition for remaining enlarged on bail, is not expected to make self-incriminating statements under the threat that the State shall seek withdrawal of such interim protection. Bijender v State of Haryana, 2024 LiveLaw (SC) 209Anticipatory bail cannot be granted merely because the accused is willing to pay...

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment

The Supreme Court on May 16 recalled an earlier judgment passed it in 2022 after noting that a precedent laid down by the Constitution Bench was not applied in it.Reiterating the position of law laid down by the Five Judge Constitution Bench in Bhagat Ram & others vs. State of Punjab & others (AIR 1967 SC 927), the Court observed that if there exists a surplus land after providing...

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday (May 17) expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor...

District Judges 65% Quota | 'Merit-cum-Seniority' Doesn't Mean Comparative Merit : Supreme Court Upholds Gujarat HC Promotions Of Judicial Officers

The Supreme Court on Friday (May 17) upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior Civil Judges to the 65% promotion quota of District Judges on the basis of merit-cum-seniority principle.Last year, a two-judge bench of the Supreme Court had stayed the promotion on the prima facie ground the promotions were made violating the principle...

Supreme Court Upholds ICAI Rule Limiting Number Of Tax Audits By Chartered Accountants Per Yer; Declares It Operative From April 1, 2024

The Supreme Court on Friday (May 17) upheld a rule issued by the Institute of Chartered Accountants Of India (ICAA) barring Chartered Accountants from accepting more than the "specified number of tax audit assignments" (at present, the upper limit is set at 60) in a financial year.A bench comprising Justices BV Nagarathna and Augustine George Masih held that the rule (para 6.0 of Chapter VI...

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage.By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit the offence of bigamy unless the complainant prima...

Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : Supreme Court Explains

In a pivotal judgment, the Supreme Court (today on May 16), while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. Article 300A provides that “no person shall be deprived of his property save by authority of law”. The judgment authored by Justice PS Narasimha stressed...