'Need To Preserve Temples With Utmost Care' : Supreme Court Appoints Retired HC Judge For Election Of Kerala's Oachira Temple Management

In a plea related to the management and administration of Oachira Parabrahma Temple in Kerala, the Supreme Court appointed a former Kerala High Court Judge as an Administrator to conduct a fresh election for the administration and management of the subject temple and its allied institutions, in a free and fair manner. The bench comprising CJI Sanjiv Khanna, and Justices Sanjay Kumar and R Mahadevan considered the temple to be a unique, and historical one and said that it is imperative to...

Charge Sheet Can't Be Filed When There Is Interim Order Restraining Coercive Action Against Accused : Supreme Court

The Supreme Court recently observed that a charge sheet cannot be filed after a court passes an interim order restraining the state from taking coercive action against the accused in a criminal case,A bench of Justice Abhay Oka and Justice Augustine George Masih discharged contempt notices issued to three officers of the Jharkhand Police after they apologised for filing charge sheet despite the Court's interim order restraining further action. The Court examined affidavits filed by Deputy...

'Soldier's Widow Should Not Have Been Dragged To Court': Supreme Court Imposes Rs. 50K Cost On Centre For Challenging Pension Order

The Supreme Court today (December 3) dismissed Union of India's appeal against order of Armed Forces Tribunal granting a Liberalised Family Pension (LFP) and other benefits to the widow of a soldier who died while on an Area Domination Patrol along the Line of Control.A bench of Justice Abhay Oka and Justice Augustine George Masih imposed cost of Rs. 50,000 on the appellant, observing that the widow of Naik Inderjeet Singh (deceased), should not have been dragged to court in such a case.“In our...

Supreme Court Monthly Round-up: November 2024

IndexCitationsManish Kumar Rai v. Union of India & Ors. 2024 LiveLaw (SC) 849Pintu Madanmohan Mondal v. State of West Bengal & Ors. 2024 LiveLaw (SC) 850Union of India v. Ganpati Dealcom Pvt Ltd | R.P.(C) No. 359/2023 2024 LiveLaw (SC) 851International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 2024 LiveLaw (SC) 852Anoop M. and others v....

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

IndexCitationsM/S Ajay Protech Pvt. Ltd. v. General Manager & Anr., SLP (C) No. 2272 of 2024 2024 LiveLaw (SC) 915K.S. Muralidhar v. R. Subbulakshmi & Anr, SLP (C) No. 18337/2021 2024 LiveLaw (SC) 916Dr Balram Singh v. Union of India, W.P.(C) No. 645/2020, Dr. Subramanian Swamy v. Union of India, W.P.(C) No. 1467/2020 and Ashwini Upadhyaya v. Union of India, MA 835/2024 2024 LiveLaw...

'Legal Aid Must Be Effective; Prosecutors Must Ensure Fair Trial' : Supreme Court Issues Guidelines To Legal Aid Lawyers, Prosecutors

The Supreme Court today issued a slew of directions regarding the role of the Public Prosecutor and the appointment of Legal Aid Counsels in upholding procedural fairness and the fundamental rights of the accused in criminal trials. The Court said that the Public Prosecutor must assist the Trial Court in recording the accused's statement under Section 313 of the CrPC, ensuring all...

Trial Court Has Duty To Inform Accused Of Right To Free Legal Aid When Accused Has No Means To Engage Advocate: Supreme Court

In a crucial decision, the Supreme Court today set aside the conviction of a man accused of committing a rape and murder of a nine-year-old minor who was not afforded proper legal aid during the trial. The Court was shocked to know that the prosecution witness examination-in-chief was conducted in absence of the legal aid to the accused, depriving the accused of objecting to the...

In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court

The Supreme Court recently explained the importance of seeking an interim injunction in a suit for specific performance over simply relying on Section 52 of the Transfer of Property Act, 1882 (“TPA”). The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, observed that although Section 52 TPA takes care of the pendente lite transfers, it may not be effective for taking...

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court

The Supreme Court recently cautioned the Appellate Courts against casually interfering with well-reasoned interlocutory orders passed by the trial courts, stating that the Appellate Court's discretion in vacating the interlocutory order should only be exercised if it is shown that the interlocutory order was arbitrary, capricious, perverse, or contrary to established legal...

No Nexus Between Company's Revenue & Amount Of Penalty For Environmental Damages : Supreme Court Disapproves NGT's Approach

The Supreme Court expressed disapproval of an order passed by the National Green Tribunal(NGT) which imposed penalty for environmental damages on a company based on its revenue.The Court observed that there was no nexus between the revenue generation of the company and the ascertainment of penalty for violation of environmental laws.The Court was hearing an appeal filed by a company against...

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. “In the case of State of Orissa vs Debendra Nath Padhi, (2005) 1 SCC 568, this Court has reiterated the well-settled law that while considering the prayer...

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown.In this explainer, we will dissect the issue of (1) What is a false promise to marry and how it's different from a breach of promise to marry?. (2) When can a promise to marry be considered 'false'? and (3) How can...