Supreme court
NDPS Act | Can Accused Get Default Bail If FSL Report Isn't Submitted With Chargesheet Within Prescribed Time? Supreme Court Refers To Larger Bench
The Supreme Court has referred to a larger bench the question as to whether a person accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act 1985 is entitled to default bail on the failure of the prosecution to furnish the report of the Forensic Science Laboratory along with the chargesheet within the prescribed time.A two-judge bench comprising Justices...
Easement By Necessity Not Available When There Is Alternative Way To Access Property : Supreme Court
Recently, the Supreme Court observed that the claimant of an easementary right wouldn't be entitled to claim the 'easementary right by necessity' for enjoying the 'Dominant Heritage' (the property owned by the claimant) when there exists an alternative way to access the 'Dominant Heritage' apart from the way over which the easementary rights were claimed to access the Dominant...
The Complete Supreme Court Annual Digest- 2023 [Part-VI]
Article 16 - Equality of opportunity in matters of public employment Constitution of India; Article 16 - the intention of Article 16 was not to compromise on administrative efficiency. A certain portion (promotion) cannot be reserved for a certain class of citizen and not the others who were also initially appointed on the basis of horizontal reservation, the only exception...
Search & Seizure Provisions Of NDPS Act Do Not Affect Article 20(3) Of Constitution : Supreme Court
The Supreme Court recently (on April 09) observed that Article 20(3) of the Indian Constitution remains unaffected by the provisions of search and seizure under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act). Article 20 (3) of the Constitution provides that no person accused of any offence shall be compelled to be a witness against himself."In the instant case, we...
Which Are The Patanjali/Divya Pharmacy Products Facing Legal Scrutiny For Objectionable Advertisements?
In the contempt case against Patanjali Ayurved Ltd, the affidavit filed by the State of Uttarakhand in the Supreme Court on April 9 throws light on some of the Patanjali products which are facing legal scrutiny.The Supreme Court, in its hearing held on April 10, has expressed dissatisfaction with the measures taken by the Uttarakhand licensing authority, noting that the authority has done...
Supreme Court Weekly Round-Up (8th April-13th April, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates...
Power Of Attorney Holders Cannot Give Evidence About Facts Which Are Within Personal Knowledge Of Persons They Represent : Supreme Court
The Supreme Court explained in a recent judgment that a Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents Observing that a power of attorney holder can depose about the fact within his knowledge and not about those facts which...
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...