NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court

Recently, the Supreme Court observed that the Courts should be slow in granting bail to the accused in case of recovery of huge quantity of narcotic substance from the accused. Reversing the decision of the High Court which granted anticipatory bail to the accused against whom an FIR is being registered of conspiring in the procurement/supply of 232.5 Kg of ganja, the Bench Comprising...

A Fillip To Democracy : Supreme Court's Electoral Bonds Case Verdict

On Thursday(February 15), the Supreme Court of India gave a much needed fillip to our democracy. Through a unanimous verdict of five judges, in Association for Democratic Reforms v. Union of India (with opinions written by Chief Justice DY Chandrachud for himself and three others and by Justice Sanjiv Khanna for himself), the Court affirmed the central idea that our freedom to vote with full information is inherent to our right to political equality. In so declaring, the court ruled as...

Supreme Court Annual Digest 2023 -Income Tax Act, 1961

2015 amendment to Section 153C of Income Tax Act will apply to searches conducted prior to the date of amendment. 2023 LiveLaw (SC) 274Amendment brought to Section 153C of the Act, 1961 vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 of the Act, 1961 before 01.06.2015, i.e., the date of the amendment. (Para 11) 2023 LiveLaw (SC) 274Carrier of Goods not...

Must Read Judgments For Supreme Court Law Clerk Cum-Research Associates Exam 2024

This January, the Supreme Court of India invited online applications for the post of Law Clerk-cum Research Associates on Short-Term contractual assignment. The exam is scheduled for 10 March 2024. For this purpose, the Top Court published the list of relevant cases for the Clerkship Exam. We have collated all the cases while also giving brief descriptions of each case.CONSTITUTION...

Supreme Court Weekly Round-Up (12th- 17th February, 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...

District Judiciary Fearful About Granting Bail To Undertrials Due To Subordination Culture Existing B/W HCs & District Judges: CJI DY Chandrachud

"We have not created a footing of equality between the High Courts and the District Judges," CJI DY Chandrachud said.

Accused Who Surrenders Before Court Can't Be Taken In Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court

The Supreme Court has observed that an accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him.The Court further stated that a bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot...

VHP Moves Calcutta High Court Over Lioness Being Named 'Sita' & Housed With Lion Named 'Akbar' At Siliguri Safari Park

The Bengal wing of the Vishwa Hindu Parishad (VHP) has moved the Calcutta High Court's Circuit Bench at Jalpaiguri, challenging the forest department's move to name a lioness 'Sita' and keep it in the same enclosure as a lion named 'Akbar' at Siliguri's Safari park.According to reports, the pair had been recently brought in from Sepahijala Zoological Park in Tripura, and forest...

'Poor Litigant Harassed For 22 Years' : Supreme Court Imposes Rs 10 Lakh Cost On Rajashtan Govt For Refusing To Reinstate Labourer

The Supreme Court on Friday (February 16) imposed a cost of Rs. 10,00,000/- (Ten Lakhs only) on the State of Rajasthan for harassing the poor litigant, who was compelled to file repeated litigation to get the fruits of the award of the Labour Court.Terming the plea filed by the State as frivolous litigation, the Bench Comprising Justices Vikram Nath and Satish Chandra Sharma dismissed the...

Supreme Court Weekly Digest With Subject/Statute Wise Index [February 1 to 11]

Armed Forces Tribunal Act, 2007Armed Forces Tribunal Act, 2007; Section 31 - The recruitment was not confined to the priority / reserved class rather it was open for general category also in case vacancies remain available. The Recruitment application(s) clearly establishes that the appellants have applied as a general category candidate(s) against the surplus seats/vacancies remaining...

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-7]

AB. Is not the filing of a charge-sheet without the requisite prosecution sanction per se, illegal ? 29. The filing of a charge-sheet before Court without the requisite prosecution sanction is not per se illegal. What the law insists is that before the Court takes cognizance of the offence, there must be before the Court the requisite prosecution sanction given by the...

'Right To Defend Oneself A Fundamental Right' : Supreme Court Quashes Bar Association's Resolution To Not Represent A Party

Recently, the Supreme Court observed that the right to defend oneself is a fundamental right under the Constitution of India, and no resolution could be passed by the Bar Association to forbid other members of the bar to appear on behalf of the petitioner who appeared in person to defend its case. The aforesaid observation of the Supreme Court Bench comprising Justices Vikram Nath and...