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Supreme Court Weekly Round-Up (2nd- 6th January, 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...
Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)
Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet(C) No. 44/2023 In R.P.(C) No. 704/2021 In C.A. No. 1599/2020 Citation: 2023 LiveLaw...
Supreme Court Death Penalty Digest 2023
In 2022, the Supreme Court confirmed the death sentence in two cases. However, in 2023, no death penalties were affirmed by the Supreme Court, although it declined to commute the death sentence of Balwant Singh Rajoana, a Babbar Khalsa terrorist convicted in the 1995 assassination of Punjab's then-chief minister, Beant Singh, allowing the Centre to decide a mercy petition filed on his...
Supreme Court Dismisses IT Department's Challenge Against Interim Relief To Centre For Policy Research
The Supreme Court has dismissed the Income Tax Department's appeal against stay granted in favour of public policy think tank Centre for Policy Research ("Organization") in respect of cancellation of its registration under Section 12A of the Income Tax Act."In view of the fact that the order impugned is interim in nature, we are not inclined to interfere with the impugned judgment passed by...
Supreme Court To Soon Have A New 'Futuristic' Building: CJI DY Chandrachud
The Chief Justice of India, Dr. DY Chandrachud on Saturday (January 6) delivered a presidential address at the event for the inauguration of the new district court complex at Rajkot in Gujarat and the launching of Nayaya Mandir and E-initiatives. In his address, he emphasised the indispensable position of changing times and the need for young lawyers to adapt to technology. He highlighted...
Decision In 'Nargesh Meerza' Requires Relook, Opines Justice Nagarathna; Recalls When She Stood Up For A Pregnant Judicial Officer
Speaking on the Role of the Judiciary in empowering women in India, Justice BV Nagarathna expressed her views on how from time to time Judicial pronouncements have contributed to upholding the rule of law and the spirit of constitutionalism in the country.She was delivering a lecture on the 'Role of the Judiciary in Empowerment of Indian Women' organised by Justice Sunanda...
Notice Under S.138 NI Act Invalid If Omnibus Demand Is Made Without Specifying Cheque Amount : Supreme Court
Finding the demand raised in a notice issued under Section 138 of the Negotiable Instruments Act, 1881, to be omnibus in nature, the Supreme Court quashed a criminal case for the dishonour of a cheque. The appellant-notice holder filed a petition before the Delhi High Court for quashing of summoning order passed by Magistrate taking a plea that the notice has made out an omnibus demand...
Decide On Invoking Delimitation Act To Ensure Proportionate Representation For SCs/STs In Legislature : Supreme Court Directs Centre
In a judgment delivered last November, the Supreme Court declined to pass directions to provide proportionate representation for the Scheduled Tribes (STs) in Lok Sabha and Legislative Assemblies of States of West Bengal (WB) and Sikkim, observing that it was a matter requiring amendments to the Representation of Peoples Act.Noting that the reservation schedules in the Representation of...
Supreme Court To Pronounce Judgment On Plea Challenging Remission Of Bilkis Bano Case Convicts On Jan 8
The Supreme Court will pronounce on Monday (January 8) its verdict on a batch of petitions challenging the premature release of convicts in the Bilkis Bano case.A bench comprising Justices BV Nagarathna and Ujjal Bhuyan reserved judgment on the petitions on October 12 last year. The petitions challenge the decision of the Gujarat government to grant remission to 11 convicts sentenced to...
'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the...
Pre-Cognizance Hearing Of Accused : Changes Under Bharatiya Nagarik Suraksha Sanhita (New CrPC) On Magistrate's Cognizance Of Complaints
Taking cognizance of an offence is the first and foremost step towards trial. Cognizance is considered as judicial response to a crime or the 'initiation of the proceedings' of an alleged offence by the Magistrate. Cognizance literally means knowledge or notice, and taking cognizance means taking notice, or becoming aware about the alleged commission of an offence. The Bhartiya...
Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court
The Supreme Court has observed that an appellate court should give the benefit of doubt to the accused persons if the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken.Reversing the concurrent findings of guilt entered by the trial court...