Supreme court
TMC MP Mahua Moitra Moves Supreme Court Against Requirement Of Food Sellers Along Kanwar Yatra Route To Display Owners' Identities
Trinamool Congress MP Mahua Moitra has filed a PIL in the Supreme Court challenging the directives issued by the State of Uttar Pradesh, and the State of Uttarakhand, which allegedly compel all proprietors of eating establishments, located along the route of the annual Kanwar Yatra, to publicly display their names, addresses, and mobile numbers, along with the names of their staffThe Kanwar Yatra is an annual pilgrimage during the monsoon season, drawing millions of devotees of Lord Shiva....
Deceitful Property Deals: Supreme Court Raises Concerns, Imposes Rs.10 Lakhs Cost On Dishonest Vendor & Second Purchaser
While dealing with a property title dispute, the Supreme Court recently imposed Rs.10 lakhs cost on a vendor who, after executing a sale deed with the vendee, conveyed the property to a subsequent purchaser while the first sale deed was pending registration. The liability to pay cost was directed to be borne by the vendor equally alongwith the subsequent purchaser."The respondent no.2 (vendor) appears to be a dishonest person. We are saying so for very strong reasons, which are apparent from his...
Supreme Court Monthly Digest June 2024
Citations 2024 LiveLaw (SC) 415 to 2024 LiveLaw (SC) 434Arbitration & Conciliation Act 1996Section 29A - A High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award. Chief Engineer (NH) PWD (Roads) v. BSC & C and C JV, 2024 LiveLaw (SC) 425BailBail prayers are not to be indefinitely adjourned....
State Not Liable To Collect Tax At Source While Giving Contractors Permit To Vend Liquor At Fixed Retail Price : Supreme Court
The Supreme Court recently held that any vendor who buys liquor from state manufacturers without obtaining it through auction and sells in retail at a fixed price would be excluded from the definition of 'buyer' under Section 206C of the Income Tax Act. Such a trade would be exempted from TCS (Tax Collected at Source)."If the buyer is a public sector company or it has obtained the goods...
Supreme Court Weekly Round-Up (15 July-20 July, 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, providing a...
Supreme Court Criminal Digest -May 2024
BailIn the matters relating to liberty of a citizen every single day counts. Keeping the matter for regular bail pending for a period of almost 11 months deprives the petitioner of his valuable right of liberty. Amandeep Singh Dhall v. Central Bureau of Investigation, 2024 LiveLaw (SC) 399Code of Criminal Procedure, 1973 Appeal against conviction – Held, Conviction is confirmed. The...
Is Charge Sheet Incomplete In NDPS Cases Without Forensic Report?Do States Have Adequate Forensic Labs? Supreme Court To Examine
The Supreme Court has issued notice to the Union Government and all States to address the issue relating to the establishment of adequate Forensic Science Laboratories by State Governments with adequate number of technical staff required to operate such labs.The Court is considering the issue whether chargesheet without the inclusion of Forensic Science Laboratory (FSL) or Examiner's Reports...
Prior Executive Decision Doesn't Bar Legislature From Taking Contrary View : Supreme Court
The Supreme Court observed that a person cannot claim any enforceable legal right based on an executive action that is later modified by the state legislature in the larger public interest.In essence, the Court stated that neither a right to legitimate expectation nor promissory estoppel can be asserted based on executive actions that the legislature subsequently changes in the...
Supreme Court Monthly Digest May 2024
Citations 2024 LiveLaw (SC) 340 to 2024 LiveLaw (SC) 414AdvertisementGuidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022; Guideline No. 8, 12 & 13 – Held, advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. Such endorsements that are routinely made by public...
Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court
The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996 (A&C Act).A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed an arbitration...
Vendor Cannot Execute Second Sale Deed While First Sale Deed Executed Over Same Plot Is Pending Registration: Supreme Court
The Supreme Court recently held that a vendor who has executed a sale deed cannot execute another deed with respect to the same plot just because the first sale deed is pending registration. The moment a deed is executed, the vendor loses all rights over the property and he cannot claim any right just because the deed has not been registered, it further stated.The Court also opined that the...
Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act. As per Section 37, bail should not be granted to an accused unless the accused is able to satisfy twin conditions: reasonable ground for believing that the accused is not guilty of such an offence...