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...
Fundamental Right To Health Includes Customer's Right To Be Made Aware Of Quality Of Products : Supreme Court
The Supreme Court has declared that the the fundamental right to health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies.To protect this right, the Court directed that henceforth, before an advertisement is printed/aired/displayed, a Self declaration shall be...
No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State
The Supreme Court, while deciding a civil appeal, has (on May 13) expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. “We are not convinced but rather disappointed with the approach of the High Court while disposing of the...
Supreme Court Issues Criminal Contempt Notice To DDA Vice Chairman Over Tree Felling In Delhi's Ridge
The Supreme Court on Thursday (May 16) issued a criminal contempt notice to the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors. “Such conduct (referring to DDA Vice Chairman) and suppression amounts to interference with due course...
Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
The Supreme Court (today, May 16) affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 14 to 20]
SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 2Citations 2024 LiveLaw (SC) 291 to 2024 LiveLaw (SC) 310Arbitration and Conciliation Act. 1996Section 34 & 37- Scope of interference of courts with arbitral awards – A judgment setting aside or refusing to set aside an arbitral award under Section 34 is appealable under Section 37. The jurisdiction under Section 37 is akin to the jurisdiction...