The Complete Supreme Court Annual Digest- 2023 [Part-V]

Collegium Centre must stop 'pick & choose' approach to collegium proposals : Supreme Court deprecates 'selective' appointments of Judges. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 985 Community Certificate A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to...

Insurance Law| Insurer's Burden To Prove Insured Suppressed Material Facts : Supreme Court

While upholding the insurance claim repudiated by the insurance company on the ground of suppression of policies already held by the insured, the Supreme Court observed that the insurance company failed to discharge the burden of proof to show that the insurer had other policies existing while taking a policy from it. “The cardinal principle of burden of proof in the law of evidence is...

Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court

While setting aside a High Court judgment over an industrial dispute, the Supreme Court recently reiterated that financial capacity of an employer is an important factor which cannot be ignored while fixing wage structure of employees.The Bench of Justices Aniruddha Bose and Sanjay Kumar was deciding on an appeal against a judgment of the Bombay High Court directing wage revisions, when it...

NDPS Act | Officer Must Mandatory Record In Writing Reasons For Arrest/Search As Per S.41(2), Violation Will Vitiate Trial : Supreme Court

The Supreme Court recently (on April 09) overturned the conviction of the accused individuals under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act), rejecting the interpretation of Section 41 (Power to issue warrant and authorization) put forth by the National Bureau of Narcotics.Imperatively, this Section empowers the competent officer to arrest or conduct a search. To do so,...

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by the accused. “The prosecution will have to...

Advocates Move Supreme Court Against Gujarat HC Order Directing Investigation Against Them For Allegedly Forging Vakalatnama

A petition has been filed in the Supreme Court by two practising advocates from Gujarat against whom the Gujarat High Court has directed to lodge an inquiry for alleged misconduct of forging the vakalatnama of their client. The petitioners have sought a stay on the order, contending that such a direction impinged upon their reputation, dignity and right to continue their profession under...

Supreme Court Expunges Gujarat HC's Adverse Observation Against GST Officials

The Supreme Court (on March 12) expunged the observations made by the Gujarat High Court in an interim order that statutory protection of the good faith clause under Section 157 of the Goods and Services Tax Act may not be available to the GST officers who conducted a search operation in the instant case. A bench of Justices P.S. Narasimha and Aravind Kumar stated that the...

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday (April 10) deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy...

If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme Court

The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document."If right, title or interest in certain property is sought conveyed by a person by an instrument who herself does not possess any such form...

The Complete Supreme Court Annual Digest- 2023 [Part-IV]

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance...

Mere Failure To Transfer Vehicle Registration Will Not Invalidate Sale/Gift Of Vehicle: Supreme Court

The Supreme Court has observed that mere failure to get a transferred vehicle registered in the name of the new owner will not mean that the sale/gift transaction will get invalidated. The Court made this observation in the context of deciding whether the non-disclosure of three vehicles allegedly owned by the family members of Arunachal Pradesh MLA Karikho Kri in the election affidavit...

'Move HC' : Supreme Court Refuses To Entertain Transgender Activist's Plea To Quash FIRs For Fasting Unto Death On Manipur Crisis

The Supreme Court today (April 10) refused to entertain writ petition filed under Article 32 by transgender activist Ms Malem Thongam who sought to quash the FIRs registered against her for fasting until death to protest against the ongoing Manipur crisis. The Court has given the liberty to approach the Manipur High Court under a section 482 CrPC Petition. Ms Thongam has been fasting unto...