Supreme court
RP Act | Election Petitioner Can File Replication To Respondent's Written Statement If New Facts Aren't Introduced: Supreme Court
Explaining the law on the filing of the replication in an election petition, the Supreme Court observed that the High Court is vested with the power to allow the filing of a replication by an election petitioner against the written submissions of a returned candidate subject to the condition that the replication should not introduce new facts which goes against the facts originally contained...
Supreme Court Rejects NIA's Challenge To HC Order Granting Bail To Businessman In UAPA Case For Allegedly Funding Maoists
The Supreme Court on Friday (May 10) upheld the decision of the Jharkhand High Court granting bail to a construction firm partner who was booked by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for allegedly funding banned organization CPI (Maoist).The bench comprising Justices PS Narasimha and Aravind Kumar said that the interference wasn't warranted...
Court Doesn't Sit In Appeal Over Arbitral Tribunal's Interpretation Of Contract : Supreme Court
The Supreme Court held that it is for the Arbitral Tribunal to adjudicate upon the construction of the terms of a contract and the Court under Section 34, Arbitration and Conciliation Act, 1996 does not sit in appeal over the findings of the arbitratorThe bench of Justices A. S. Oka and Pankaj Mithal was pronouncing its judgment on an appeal by the NHAI against concurrent findings of the...
Delay Condonation Application Filed By Stranger Not Party To Suit Illegal : Supreme Court
The Supreme Court held it is impermissible for a third-party to file an application for condonation of delay, stating that such an approach would allow anyone, regardless of their involvement in the suit, to seek restoration."Entertaining an application filed at the behest of a stranger for condonation of delay in filing an application for restoration of the subject suit is totally...
JJ Act | Names Of Presiding Officer/Members Should Be Specifically Mentioned In Orders When Signed, Including Interim Orders: Supreme Court
The Supreme Court has flagged concern about the non-mentioning of the names of the presiding officer or members when the order is passed under the Juvenile Justice Act, 2015. “The Presiding Officers or Members of the Board, as the case in hand, or Tribunals do not mention their names when the order is passed. As a result of which it becomes difficult to find out later on, as to who...
UP Consolidation of Holdings Act | S.49 Doesn't Bar Jurisdiction Of Civil Courts To Determine Ownership Rights : Supreme Court
The Supreme Court has held that the power to declare the ownership in an immovable property can be exercised only by a Civil Court unless barred under a law, and that the UP Consolidation of Holdings Act, 1953 does not contain such a bar The Court has clarified that the power under Section 49 of the 1953 Act cannot be exercised to take away the vested title of a tenure holder, or to...
The Complete Supreme Court Annual Digest- 2023 [Part-XVII]
Registration Act, 1908 Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence. (Para 12, 13)...
Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board (JJB), the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary...
Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled : Supreme Court
In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested. Affirming the decision of the High Court and Trial Court, the...
Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because the...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 (APRIL 1 - 13, 2024)Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 290Abuse 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...
Can Time-Barred Debts Be Recovered Through Remedies Other Than Civil Suits As Per Special Laws? Supreme Court Refers To 3-Judge Bench
The Supreme Court has referred to a 3-judge bench the question whether debts, which cannot be recovered by filing civil suits as they are time-barred under the Limitation Act 1963, can be recovered by invoking other remedies under special statutes for debt recovery.The Court was hearing an appeal against a judgment of the Punjab and Haryana High Court which held that a time-barred debt can...