Offence Within Restaurant Not 'House Trespass' As Per Sections 442, 452 IPC : Supreme Court

Observing that a restaurant cannot be said to be either a place used for human dwelling or worship or the custody of the property, the Supreme Court set aside the conviction of a person accused of the offence of "house trespassing after preparation for hurt" under Section 452 of IPC. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma noted that Restaurant does not...

Supreme Court Directs Punjab Govt, SEC To Notify Municipality Elections In 2 Weeks; To Be Completed In 8 Weeks Thereafter

While partially modifying a Punjab and Haryana High Court order which directed that Punjab municipality elections be notified within 15 days, the Supreme Court today ordered that the election process shall commence within 2 weeks from today and be completed within 8 weeks thereafter.A bench of Justices Surya Kant and Ujjal Bhuyan was hearing Punjab's challenge to the High Court order which...

Supreme Court Issues Notice On Union Minister Shivraj Singh Chouhan's Plea To Quash Vivek Tankha's Criminal Defamation Case

The Supreme Court on Monday (November 11) exempted Union Minister Shivraj Singh Chouhan from a bailable warrant issued in a criminal defamation case filed against him by Senior Advocate and Rajya Sabha MP Vivek Tankha, subject to his participation in the proceedings.The Court also issued notice on the plea of Chouhan (and others) challenging the Madhya Pradesh High Court's order which refused...

Supreme Court Rejects Prashant Kishor's Party's Plea To Defer Bihar Bye-Elections

The Supreme Court on Monday (November 11) refused to entertain a petition filed by Prashant Kishor's newly launched party - the Jan Suraaj Party - seeking postponement of bye-elections of four seats in Bihar, on account of Chhath Puja celebrations.A bench comprising Justices Surya Kant and Ujjal Bhuyan noted that it was too late to interfere with the elections, which are scheduled for...

Partnership Act | Outgoing Partner Entitled To Share In Profits Derived From His Share In Assets Of Firm: Supreme Court

In a recent ruling, the Supreme Court held that if a partner is carrying on business with the assets of the firm, till a final settlement is made, the outgoing partner, would have the right to seek accounts and a share in the profits which might be derived from his share in the assets of the firm. The bench led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj...

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

AdvocateAdvocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Legal professionals are not immune from prosecution for criminal misdeeds. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Strict compliance with online appearance marking...

'No Religion Encourages Any Activity Which Creates Pollution' : Supreme Court On Firecracker Ban Violation In Delhi On Diwali

In the context of the use of firecrackers in Delhi which led to a worsening of air quality in Delhi-NCr, the Supreme Court on Monday (November 11) observed that no religion encouraged any activity which created pollution."The right to live in a pollution-free atmosphere is a fundamental right of every citizen which is protected by Article 21 of the Constitution of India. We are of the view...

Supreme Court Dismisses Bail Plea Of Suspended Janta Dal (S) Leader Prajwal Revanna In Rape and Sexual Assault Case

The Supreme Court today (November 11) dismissed a petition filed by suspended Janta Dal (S) leader Prajwal Revanna seeking bail in the case over allegations of rape and sexual assault.A bench of Justices Bela M. Trivedi and Satish Chandra Sharma heard the matter.Senior Advocate Mukul Rohatgi, appearing for Revanna, argued that the offence of Section 376 IPC(rape) was not mentioned in...

Supreme Court Refuses To Entertain Gulfisha Fatima's Article 32 Petition For Bail In Delhi Riots Conspiracy Case, Requests Delhi HC To Hear Bail Plea Soon

The Supreme Court on Monday (November 11) refused to entertain a writ petition filed by Gulfisha Fatima seeking bail in a case under the Unlawful Activities (Prevention) Act 1967 over alleged larger conspiracy behind the 2020 Delhi riots.The Court however requested the Delhi High Court to hear the bail application on the date fixed, unless there are exceptional circumstances.A bench of...

CJI Sanjiv Khanna Agrees To Consider Request To Allow Letter Circulation For Adjournment

Newly sworn-in Chief Justice of India Sanijv Khanna on Monday (November 11) agreed to consider a request made by a lawyer to allow the practice of seeking adjournments by letter circulation. CJI also agreed to consider the request for the publication of physical causelists.In December last year, the Supreme Court had temporarily prohibited the seeking of adjournments through letter...

Justice Sanjiv Khanna Sworn In As 51st Chief Justice of India, Succeeding Justice DY Chandrachud

Justice Sanjiv Khanna has officially assumed office as the Chief Justice of India, succeeding Justice DY Chandrachud. He is the 51st Chief Justice of India.President of India Droupadi Murmu administered the oath to Justice Khanna at a swearing-in ceremony held at the Rashtrapati Bhavan. He will have a nearly seven-month term till May 13, 2025. Justice Khanna was elevated to the Supreme Court...

Justice DY Chandrachud's Judgments On Socio-Economic Justice, Gender Equality, Reproductive Rights, Child Welfare & Disability Rights

Chief Justice of India D.Y. Chandrachud, who is set to demit office on November 10, was involved in some of the most significant judgments during his tenure as a judge. Some of his notable judgments on socio-economic and political justice, gender equality and disability rights are briefly discussed below. On socio-economic justice1. E.R. Kumar & Anr vs Union Of India & Ors (November...