Supreme court
Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. There must be some substance to it. A bench of Justices C.T. Ravikumar and Sanjay Karol also held that if the intent prima facie is absent qua one of the offences in the same transaction, it is absent in respect of other offences as well. These observations were made in a judgment pronounced in an appeal challenging the High Court of Madhya Pradesh's order dated April 28,...
Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws
Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. Because the rights came to be enforceable from an earlier date, thus the doctrine saves the person from the prejudice suffered between the period of enforcement and the actual occurrence of the rights or interest. The Supreme Court recently, in...
State Cannot Deny Retiral Benefits Citing Its Own Failure In Regularising Employee As Per Judicial Order : Supreme Court
The Supreme Court recently overturned the findings of the division bench of the Madhya Pradesh High Court and upheld the observations made by the single judge of the High Court directing pensionary benefits to be granted to a Mason in accordance with the findings of the Labour Court declaring the Appellant (Madanlal) as a permanent employee. A bench of Justices Dipankar Datta and Prashant Kumar Mishra made these observations in an appeal against the division bench's order which failed to...
'IBC A Complete Code' : Supreme Court Disapproves Of High Court Exercising Writ Jurisdiction To Interdict CIRP
Disapproving a High Court's order interdicting a Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC), the Supreme Court recently observed that the IBC is a complete code in itself, having sufficient checks and balances, and thus, the exercise of supervisory and judicial review powers by High Courts demands rigorous scrutiny and...
Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court
The Supreme Court, recently (on January 02), while deciding a motor accident compensation claim case, observed that monthly income could be fixed after taking into account the tax returns. However, the details of tax payment must be properly brought into evidence to enable the Tribunal/Court to calculate the income. The Bench of Justices C.T Ravikumar and Sanjay Karol were deciding a batch of appeals preferred both by the insurer and the claimant. While the claimant prayed for the...
2018 Amendment To Kerala Paddy Land Act Applicable Only To Conversion Applications Filed After Dec 30, 2017 : Supreme Court
The Supreme Court has held that the 2018 amendment made to the Kerala Conservation of Paddy Land and Wetland Act, 2008, which came into effect from 30.12.2017, is applicable only to applications for conversion of land which are filed after 30.12.2017.The previous applications, which were pending when the 2018 amendment came into force, should be decided as per the un-amended regime, the Court clarified.The 2018 amendment introduced significant changes to the Paddy Land Act, including a condition...
Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The Court rejected the argument that if the earlier petition had been withdrawn without liberty obtained to apply afresh, the subsequent petition is not maintainable. According to the Court, if...
S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
The Supreme Court, recently (on January 02), observed that for Section 354 IPC (Assault or criminal force to woman with intent to outrage her modesty) to apply, criminal force must be used. Further, such application of force must be coupled with intention to outrage a woman's modesty.The Bench of Justices Sanjay Karol and C.T. Ravikumar added that in order to establish mens rea something...
All Supreme Court 2024 Annual Round-Up Reports In One Place
Here is a compilation of the Supreme Court annual round-up stories published regarding various judgments delivered in 2024.100 Important Judgments Of Supreme Court Of 2024 [All Parts]25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest2024 Round-Up| Constitution Bench Decisions Of Supreme CourtArbitration Act: Important Judgments By Supreme Court In 2024Supreme Court Yearly...
Arbitration Act 1940 | 30-Day Objection Period Starts When Objector Becomes Aware of Award, Not Upon Formal Notice : Supreme Court
The Supreme Court noted that under the Arbitration Act, 1940 (“1940 Act”), 30-day period for filing objections begins when the objector becomes aware of the award, not upon receiving formal notice“The question for consideration is whether the time for filing a Section 17 application commences when the party seeking to challenge the award receives a formal notice (18.11.2022) of the...
Supreme Court Monthly Round-up: December 2024
IndexCitationsAshok v. State of Uttar Pradesh, Criminal Appeal No. 771 of 2024 2024 LiveLaw (SC) 941Union of India & Ors. v. Saroj Devi 2024 LiveLaw (SC) 942Satish Kumar Ravi v. State of Jharkhand & Anr. 2024 LiveLaw(SC) 943Oachira Parabrahma Temple & Anr. v. G. Vijayanathakurup and Ors., Civil Appeal Nos. 13708 - 13709 of 2024 2024 LiveLaw (SC) 944Irfan Khan v. State (NCT of...
