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NDPS Act | When Samples Aren't Drawn Following S.52A, FSL Report Is A Waste Paper & Can't Be Read In Evidence : Supreme Court
The Supreme Court on Friday (March 1) held that the accused cannot be held guilty of possessing narcotics and psychotropic substances if the mandate of Section 52A of the NDPS Act isn't fulfilled by the police while sending the collected sample for the Forensic Science Laboratory (FSL) Test. Reversing the findings of the High Court which held the accused guilty under Section 20(b)(ii)(c) of...
Supreme Court Denies Specific Performance To Plaintiff Who Made False Statements, Calls Relief Discretionary & Equitable
While denying a plaintiff's plea for specific performance on account of false/incorrect statements made by him, the Supreme Court recently held that grant of a decree for specific performance under Section 20 of the Specific Relief Act, 1963 is discretionary and equitable."The exercise of discretion depends on several factors. One of the factors is the conduct of the plaintiff. The reason is...
Parliament Should Consider Amending Arbitration Act To Prescribe Limitation Period To File S.11 Application : Supreme Court
In a recent verdict, the Supreme Court delved into the crucial question of whether the Limitation Act, 1963 is applicable to applications for the appointment of arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996. The court highlighted the absence of a statutory prescription regarding the time limit for such applications and expressed concerns about the unduly...
The Complete Supreme Court Criminal Law Digest 2023
Abkari ActAbkari Act, 1077; Section 57A- Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. (Para 43) Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 : 2023 INSC 998Abkari Act, 1077; Section 55 - Alcohol as mentioned in Section 55,...
Legal Representatives Not Liable To Perform Personal Contracts Of Deceased ; But Should Discharge Monetary Liabilities: Supreme Court
The Supreme Court (on March 01), while allowing an appeal arising out of consumer dispute, observed that the legal representatives are not liable to discharge the party's obligation which had to be discharged in a personal capacity."..in the case of a personal obligation imposed on a person under the contract and on the demise of such person, his estate does not become liable and...
All CISF Personnel Entitled To HRA If They Aren't Provided Accommodation : Supreme Court
The Supreme Court has endorsed a judgment passed by the Delhi High Court which held that Central Industrial Security Force (“CISF”) personnel are entitled to receive House Rent Allowances (“HRA”) from the Union Government as provided to other paramilitary forces.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra dismissed the appeal filed by the Union of India...
'Don't Promote Homophobia Or Transphobia' : NBDSA Issues Guidelines To TV Channels On Reporting LGBTQIA+ Issues
The News Broadcasting & Digital Standards Authority (NBDSA) has issued comprehensive guidelines urging media platforms to broadcast information about the LGBTQIA+ community with accuracy, objectivity, and sensitivity.This move follows a complaint lodged by activist Indrajeet Ghorpad regarding a program aired by India Today titled "Nudity sparks outrage at USA pride parades - How...
Court May Refuse To Appoint Arbitral Tribunal If S.11(6) Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court
In a recent ruling, the Supreme Court held that the Limitation Act, 1963 is applicable to proceedings for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("A&C Act"), and a Court may refuse to make a reference if the claims, on the date of commencement of arbitration proceedings, are ex-facie barred."...there is no doubt as to the applicability...
Money Recovery Suit Won't Be Commercial Suit Unless Disputed Property Is 'Actually Used' In Trade and Commerce: Supreme Court
The Supreme Court held that merely because the dispute is related to an immovable property wouldn't per se make it a commercial dispute under the Commercial Courts Act, 2015 unless the immovable property is 'actually used' exclusively in trade or commerce.Setting aside the High Court's decision which had considered a suit for money recovery as a commercial suit, the Bench Comprising...
Patents Act Prevails Over Competition Act? Supreme Court Issues Notice On CCI's Petition
The Supreme Court today (March 1) issued notice on a petition field by the Competition Commission of India (CCI) against the Delhi High Court's decisions holding that the Patents Act, 1970 must prevail over the Competition Act, 2002 on the issue of the exercise of rights by a patentee. The Court will be considering the legal nuances of the Right of the patentee as opposed to the powers of...
Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court
The Supreme Court held that a sale deed executed by the person (not being an owner of the property) in the plaintiff's favor wouldn't entitle the plaintiff to claim ownership/possession over such property. Reversing the findings of the High Court which held the plaintiff to be an owner of the property, the Bench Comprising Justices Sanjay Karol and Sanjay Kumar observed that the...
'States Have Few Areas Of Taxation, We Must Not Dilute Those' : Supreme Court Expresses Concerns About Diluting States' Tax Powers On Minerals [Day 3]
The 9-judge Constitution Bench of the Supreme Court, on its third day of hearing on Thursday (February 29) on the issue relating to royalty on minerals, deliberated whether the Parliament can completely denude the States of their power to levy taxes on mineral rights.A bench headed by Chief Justice of India DY Chandrachud and comprising Justices Hrishikesh Roy, Abhay Oka, BV Nagarathna,...