Section 145/146 CrPC Proceedings Must Come To An End Once Civil Court Is Seized Of The Matter: Supreme Court

The Supreme Court observed that the proceedings under Section 145/146 Cr.P.C must come to an end once the Civil Court is seized of the matter.The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court, the bench of Justices said.The court observed thus while considering a special leave petition against the order of Allahabad High Court...

No Identification Of Accused, Witnesses Not Cross-Examined : Supreme Court Acquits 3 Men Sentenced To Death, Cites "Glaring Lapses" In Trial

"Every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures."

MMC Act - Future Prospects Of Land & Building Cannot Be Considered For Determining Capital Value For Imposing Property Tax: Supreme Court

The Supreme Court observed that for determining capital value for imposing property tax under Mumbai Municipal Corporation Act, only the present physical attributes and status of the land and building can be considered and not the future prospects of the land.The bench comprising CJI Uday Umesh Lalit and Justice Ajay Rastogi dismissed appeals filed by Mumbai Municipal Corporation which held...

IIT Admissions : Supreme Court Asks JEE (Advanced) 2023 Organisers To State If Any Seats Are Vacant

The Supreme Court, on Monday, directed the organizing Chairperson, JEE (Advanced) 2023 to file an affidavit providing a status of the admission process setting out whether there are any vacant seats. In case there are seats available, the Court sought categorical information with respect to the discipline in which the seats are available. The order was passed in a plea challenging...

BREAKING|Karnataka HC Sets Aside Lower Court Order Blocking Twitter Accounts Of Congress & Bharat Jodo Yatra, Subject To Removal Of Infringing Material

The Karnataka High Court today allowed the appeal preferred by Indian National Congress against a civil court order which directed Twitter to block the national party's user account and that of Bharat Jodo. The relief is subject to the party removing material from their handles that offend MRT Music's copyrights.A division bench of Justices G. Narendar and PN Desai remarked,"The impugned...

Supreme Court Quarterly Civil Digest [July To September]

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...

Accused Has Right To Receive Materials In Possession Of Prosecution Even If Draft Criminal Rules Have Not Been Adopted : Supreme Court; Justice Trivedi Dissents

The Supreme Court (2:1) held that an accused has the right to receive the list of the statements, documents, material, etc. in the possession of the prosecution even if Draft Rules of Criminal Practice are not yet adopted.The CJI Uday Umesh Lalit and Justice S. Ravindra Bhat disagreed with the Justice Bela M. Trivedi who, while dismissing a criminal appeal, observed that this right is...

Bonafides of PIL Petitioner Extremely Relevant Consideration ; Must Be Examined At Threshold Itself: Supreme Court

The Supreme Court observed that the bona fide of the petitioner who files the Public Interest Litigation (PIL) is an extremely relevant consideration and must be examined at the very threshold itself.This has to be done irrespective of the seemingly high public cause being espoused by the petitioner in a PIL, the bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu...

Judicial Service Exams: Question And Answers(MCQs) Based On Latest Legal Developments(2)

1. Which of the following Amendment of the Constitution deals with reservation for Economically Weaker Sections (EWS) in education and public employment? (a) 101 (b) 102 (c) 103 (d) 104 Ans.: (c) [103rd Constitutional Amendment provides 10% reservation for Economically Weaker Sections (EWS) in education and public employment] 2....

SC/ST/OBC Exclusion From EWS Quota Logical, Necessary To Avoid Double Benefits: Supreme Court

The Supreme Court by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment, which was concurred with by the Chief...

Reservation An Exception To General Rule Of Equality; Enabling Provisions Do Not Form Basic Feature Of Constitution: Supreme Court

The Supreme Court observed that the reservation is an exception to the general rule of equality and thus cannot be regarded as basic feature of the Constitution.One of the main defence raised by the Centre was that the 103rd Constitutional amendment is enabling, and confer power upon the state, to make special provisions and reservations, based on the economic criterion – thus, cannot...

Short Tenure With Impactful Reforms : CJI UU Lalit Leaves A Positive Legacy

When Justice Uday Umesh Lalit assumed office as the 49th Chief Justice of India on August 27, many would have thought that his would be a sedate term. After all, how much can happen in a brief term of 74 days? But proving all such speculations wrong, CJI Lalit's term was marked with momentous and unexpected events which unfolded at a quick pace. For example, did anyone in their...